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FDIC Revises Section 19 Regulations for Institutions Hiring Persons Convicted of Certain Crimes

The Federal Deposit Insurance Corporation (FDIC) has revised its regulations on Section 19 of the Federal Deposit Insurance Act to conform with the previously enacted Fair Hiring in Banking Act (FHBA). The FHBA paved the way...more

Criminal Background Checks in Manufacturing Industry: Managing Employers’ Legal Obligations

Smart hiring often includes a post-offer criminal background check on the job candidate to help employers make informed decisions. This practice can reveal potential employment risks like theft, workplace violence, or...more

Lehigh County, Pennsylvania, Jumps on Ban-the-Box Trend With New Human Relations Ordinance

The Board of Commissioners in Lehigh County, Pennsylvania, has passed the Lehigh County Human Relations Ordinance to ensure equal opportunities for all individuals concerning employment, housing, education, healthcare, and...more

CFPB’s Proposed Amendment of Regulation V to Limit Medical Bills in Credit Reporting: What do Employers Need to Know?

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more

Municipal Violation Is Not ‘Arrest Record’ Covered by Wisconsin Fair Employment Act, Court Holds

The Wisconsin Fair Employment Act’s (WFEA’s) prohibition against discrimination based on employees’ arrest and conviction record has always been considered broad, and its standard of allowing employers to make employment...more

New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to...more

Manufacturing Employers Continue Smart Hiring, With a New Twist

Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more

Spring Cleaning for FCRA Compliance: Using the Most Up-To-Date Federal Summary of Rights

The Consumer Financial Protection Bureau’s (CFPB) updated Final Rule on the federal Fair Credit Reporting Act (FCRA) Summary of Rights includes such non-substantive changes as corrections to contact information for various...more

$35M SEC Settlement Underscores Processes, Procedures Ensuring Appropriate Public Disclosures

In a $35 million settlement that emphasizes the “S” for social in Environmental, Social and Corporate Governance (ESG) issues in public filings, publicly traded video game developer Activision Blizzard, Inc. has agreed with...more

New Law Rewarding Whistleblowers May Lead to Substantial Increase in Whistleblower Claims

In conjunction with an omnibus spending bill, Congress passed in late December 2022, the Anti-Money Laundering Whistleblower Improvement Act, which on December 29, 2022, President Biden signed into law. This law permits...more

New National Defense Authorization Act Expands ‘Fair Chance’ Initiatives to Covered Finance Institutions

Covered financial institutions (such as banks and credit unions) have been swept into a new “fair chance” initiative designed to further reduce barriers to individuals with certain convictions....more

Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows...more

Connecticut ‘Clean Slate’ Law, Erasure of Criminal Convictions, Takes Effect January 1, 2023

On January 1, 2023, a major law about the erasure and consideration of criminal convictions in employment in Connecticut will take effect. Passed by the Connecticut legislature and signed into law by Governor Ned Lamont in...more

The “S” in ESG: Tying Compensation To DEI Goals

As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace....more

Pay Transparency Coming Soon to Westchester County, New York

Westchester County’s salary transparency law, amending the local Human Rights Law, is set to take effect November 6, 2022. The County law will require employers (with at least four employees), employment agencies, and labor...more

Miya’s Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

Florida’s new Miya’s Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as “nontransient” or “transient.”...more

Understanding CFPB’s Legal Advisory on “Permissible” Purpose

The Consumer Financial Protection Bureau (CFPB) recently issued a legal Advisory in early July 2022, intending to protect the privacy rights of individuals subject to background checks by third-party consumer reporting...more

Finding Diverse Talent in the Manufacturing Industry Revisited: A Skillful Scavenger Hunt

Even as the U.S. Bureau of Labor Statistics reports increased hiring in the manufacturing industry over the last year, filling certain positions remain a challenge, especially for those that require highly skilled workers....more

Refreshing Whistleblower Processes for the Remote Workplace: Best Practices

At the onset of COVID in 2020, the Wall Street Journal reported that over a three-month period, there were a deluge of tips, complaints and possible referrals to the U.S. Securities and Exchange Commission (“SEC”). More...more

Federal Contractor Obligations Under Fair Chance Act

Beginning December 20, 2021, federal contractors must comply with the federal Fair Chance Act (FCA), which prohibits contractors from inquiring about a job applicant’s criminal background in certain cases in the initial...more

Expanded Protections For Whistleblowers Require Strong Commitment to Compliance Programs

With so much happening during the holidays, who wants to think about preventive steps and corporate compliance? Unfortunately, expansion of New York’s “whistleblower protection” laws coupled with the ongoing pandemic-related...more

New York City Issues Guidance On Fair Chance Act Amendments Effective July 29, 2021

The New York City Council amended New York City’s Fair Chance Act (FCA) to significantly expand the scope of protections for applicants and employees with criminal charges or arrests. The amendments are effective on July 29,...more

Applying FTC’s Observations On Finding Diverse Talent In Manufacturing Industry

Touring a manufacturing facility where product demand exceeds labor supply, one can see owners who work long hours, alongside their workforce, to fill orders, trying a variety of ways to fill staff vacancies. Large and small...more

Philadelphia Enacts Key Changes To ‘Ban The Box,’ Credit Screening Ordinances

Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management...more

New York City Enacts Amendments To New York City Fair Chance Act

Following Mayor Bill de Blasio’s non-action on the bill passed by the New York City Council in December expanding the scope of New York City’s Fair Chance Act (FCA), the amendments have become law. The amendments, which go...more

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