News & Analysis as of

Background Checks Hiring & Firing

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

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

NYC Commission On Human Rights Finalizes Agency Rules And Regulations Regarding The Fair Chance Act

by Fox Rothschild LLP on

As discussed in our prior alert in 2015, New York City enacted the Fair Chance Act (FCA), which, subject to limited exceptions, prohibits private employers from seeking information from job applicants regarding their past...more

Reminder: Effective July 1, 2017: California Regulations Limiting Use of Criminal Background Information

by Davis Wright Tremaine LLP on

Earlier this year, we issued a client Advisory concerning the California Fair Employment and Housing Council’s new regulations regarding the use of criminal history for employment purposes. The new regulations took effect...more

California Places New Limits on Employer Use of Criminal History

by Ervin Cohen & Jessup LLP on

New regulations issued by the California Fair Employment and Housing Council (FEHC) impose additional limitations on an employer’s use of criminal history information, and expand the types of criminal history that employers...more

WPI State of the States: State Legislatures and Governors Turn Up the Heat

by Littler on

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

by Fisher Phillips on

Applicant background reports can be vital tools for employers, especially in the hiring process. However, amendments to the Fair Credit Reporting Act (“FCRA”) significantly increase the rights of applicants and employees to...more

California Joins the Ban-the-Box Bandwagon

California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation... That regulation...more

Connecticut Independent Schools Required to Perform Background Checks on Potential Employees Effective July 1, 2017

by Shipman & Goodwin LLP on

In 2016, Connecticut passed legislation that significantly expanded the scope of background check requirements for public schools when hiring new employees. That law, colloquially referred to as the “Pass the Trash” bill,...more

Reminder: Vermont ‘Ban The Box’

by Jackson Lewis P.C. on

Vermont’s Ban the Box law became effective on July 1, 2017, more than a year after Governor Peter Shumlin signed H. 261. The law prohibits an employer from requesting “criminal history record information,” including...more

Top 10 Employment & Labour Issues for Employers

1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more

Are You Ready For Important California And City Of Los Angeles Regulations Effective July 1, 2017?

by Jackson Lewis P.C. on

Both California and the City of Los Angeles have enacted regulations effective July 1, 2017 governing employer use of applicant and employee criminal history in making employment decisions. Below we summarize these upcoming...more

New Criminal History Hiring Regulations for California Employers

by Carlton Fields on

Employers hiring in California must be aware that on July 1, new California Fair Employment and Housing Council regulations take effect, limiting use of criminal history when making employment decisions. Every nationwide...more

Background Checks by Province: What Employers Need to Know

Background screening job candidates is an important part of an employer’s recruitment process. There are several different background checks that are generally permissible in Canada, but employers must tread carefully. ...more

New California Regulations Further Limit Employers' Ability to Use Criminal History in Making Employment Decisions

by Nossaman LLP on

Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more

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