News & Analysis as of

Background Checks

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

by Fisher Phillips on

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

Background Checks: Fair Credit Reporting Act Compliance

Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more

New York City Finalizes Rules to Interpret the Fair Chance Act

by Epstein Becker & Green on

On August 5, 2017, the final rules (“Final Rules”) interpreting New York City’s Fair Chance Act (“FCA”) took effect—nearly 18 months after the New York City Commission on Human Rights (“Commission”) published proposed rules...more

Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand

by Carlton Fields on

The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which aggregates publicly...more

Background Checks: Fair Credit Reporting Act Compliance

Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more

Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of...more

An Intangible Injury Caused by a Consumer Report Is Concrete Enough, Says the Ninth Circuit

On August 15, 2017, the Ninth Circuit Court of Appeals decided Robins v. Spokeo, Inc. (No 11-56843), a case addressing the standing necessary to maintain an action in federal court that had been remanded to the court by the...more

Ninth Circuit in Spokeo: Inaccurate Consumer Reports Support Standing in FCRA Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held that allegations that Spokeo Inc. published an inaccurate consumer report in violation of the Fair Credit Reporting Act established a concrete injury sufficient to confer...more

Ninth Circuit: Procedural Violations Can Meet Standing Test

by Carlton Fields on

This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural statutory violations. In...more

Seventh and Ninth Circuit Decisions Provide Guidance on the Concrete Injury Analysis Required Under Spokeo

by Pepper Hamilton LLP on

While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement...more

The Ninth Circuit Revives Consumer Class Action, Finding Intangible Harm Sufficient to Confer Article III Standing

by Hogan Lovells on

The six-year fight over the type of harm a plaintiff must allege to satisfy the “injury in fact” requirement for lawsuits alleging false reporting of credit information took its latest turn this week. On Tuesday, August 15,...more

Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement

by Carlton Fields on

The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

by Bryan Cave on

The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

by Littler on

On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to...more

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

Brief Answers To Frequently Asked Employment- Related Questions

by Payne & Fears on

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

New York City Adopts New ‘Ban The Box’ Regulations, Continues Expansion Of Employee Rights

by Jackson Lewis P.C. on

Although New York City’s “ban the box” law, the Fair Chance Act (“FCA”), went into effect close to two years ago, the New York City Commission on Human Rights’ final regulations became effective on August 5, 2017. These...more

Use Of Non-Compliant Disclosure Form Did Not Result In Concrete Injury Under Fair Credit Reporting Act

by Jackson Lewis P.C. on

A job applicant alleging a violation of one of the procedural requirements of the Fair Credit Reporting Act (FCRA) lacked standing to sue under Article III of the United States Constitution because he failed to allege facts...more

NYC Updates “Ban the Box” Law to Detail Per Se Violations and Procedures Employers Must Follow to Conduct Employment-Related...

On August 5, 2017, important updates to New York City’s Fair Chance Act went into effect. The Fair Chance Act (FCA), which regulates criminal background checks on employees and license holders, is the City’s version of a...more

New York City’s Fair Chance Act: Final Rules and Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more

Final Regulations Clarifying and Expanding New York City "Ban the Box" Law Take Effect on August 5, 2017

by Littler on

New York City’s Fair Chance Act (FCA), which took effect October 27, 2015, imposes affirmative obligations on covered employers and employment agencies regarding when they may conduct criminal background checks on job...more

Rules Interpreting NYC “Ban the Box” Law Take Effect on August 5, 2017

by Davis Wright Tremaine LLP on

Earlier this year, the New York City Commission on Human Rights (the “Commission,” or “NYCCHR”) promulgated a set of rules (the “Rules,” available here) relating to employers’ duties under the Fair Chance Act (the “FCA,” or...more

A Ban on Ban-the-Box Laws? Texas and Indiana Introduce Legislation That Would Prohibit Municipal and County Ban-the-Box Laws...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more

California Court Certifies FCRA Class of Over 40,000 Applicants

by Littler on

As Littler has reported, the number of class action lawsuits against employers alleging violations of the Fair Credit Reporting Act (FCRA) has continued to spike. Most lawsuits proceed in federal court, but the FCRA allows...more

Why Lawyers and Firms Should Actively Manage Their Online Presence

by Jackson Walker on

The need for due diligence research is high for both law firms and their clients. Now more than ever, firms are researching attorney candidates before they are hired. Likewise, clients looking to hire an attorney or firm are...more

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