Background Checks Hiring & Firing

News & Analysis as of

Criminal Background Checks: Banning the Box in Los Angeles

Los Angeles City is on its way to approve a new Ordinance prohibiting employers with 10 or more employees from including on any application for employment any question that seeks the disclosure of an applicant’s criminal...more

Causation Counts: Strategic Use of Summary Judgment Post-Spokeo

Early scorecards in the aftermath of the U.S. Supreme Court’s decision in Spokeo Inc. v. Robins all note high marks in the plaintiffs’ column, especially at the motion to dismiss stage. Emboldened by these decisions,...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - November 2016

Aiding and Abetting the Unauthorized Practice of Law — Conducting a Due Diligence Background Check for Incoming Lawyers and Lateral Hires - The Case: Kimberly Kitchen began working at BMZ Law PC part-time in 2005. She...more

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

The Fair Credit Reporting Act is Not Just About Credit Reports

Employers have the legal ability and opportunity to utilize information contained in consumer credit reports to evaluate employees if they follow the rules. But if you don’t understand the rules and, therefore, fail to...more

The Age of “Big Data”: How Your Electronic Applicant Searches May Be Complicating Your Talent Search

How do you hire only the “best” employees? How does any employer find the time to “vet” the hundreds or even thousands of job seekers applying for positions? A number of employers have turned to “big data” – the use of...more

Top 10 Issues for Employers, Issue #5: Dos and Don’ts of Interviews

This is the fifth instalment in our Top 10 Issues for Employers series. Interviewing prospective employees can be a difficult process for the applicant and the employer alike. For the employer, aside from ensuring that the...more

Spokeo Gets Lyft Off

The Northern District of California dismissed a Fair Credit Reporting Act case against Lyft upon finding that plaintiff lacked Article III standing based on the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct....more

California’s Employment Law Class of 2017 (Part I): The Laws, Their Effects and Some Recommendations for Compliance

Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem...more

Courts Split on Standing Issues in FCRA Suits After Spokeo

On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act...more

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

Employer Potentially Responsible for Employee’s Shooting Rampage

What Kind of Risk Might Employers Face Because of an Employee’s (Unexpected) Behavior? On September 15, 2016, the U.S. District Court for the District of Columbia allowed claims of negligent supervision and retention to...more

Use of Credit Information for Employment Screening

Background checks for employment screening purposes may contain different information. Most common would be the use of criminal history information, but there are times when an employer requests that their background...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more

Uber Victory in Ninth Circuit Regarding Dispute Over Enforceability of Arbitration

The United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) recently ruled that the majority of Uber’s contract drivers must resolve their disputes through individual arbitration and cannot pursue their...more

Will “ban the box” backfire?

Ever since the Equal Employment Opportunity Commission updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions in 2012, many state and local jurisdictions have adopted...more

Emerging Labor & Employment Law Trends (Part 2)

With summer 2016 almost behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the last quarter of the year and into 2017. In the first part of this two-part series, we...more

Proposed Law Would Prohibit New York City Employers From Inquiring Into Applicants’ Wage History

New York City Public Advocate Letitia James has introduced legislation before the City Council that would amend the New York City Human Rights Law to make it an unlawful employment practice for employers to request job...more

Serial FCRA Plaintiff Falls Short

After a battle of motions between the parties, on August 9th a Wisconsin federal judge dismissed a proposed class action for alleged violations under the Fair Credit Reporting Act (FCRA) against Cory Groshek. Why is this...more

What To Do About Employee Thieves—Catch Them If You Can!

Seyfarth Synopsis: When employee theft occurs, employers must be cautious in investigating, avoiding self-help, and in deciding if and how to terminate the offending employee. Companies work hard to hire trustworthy...more

Effective July 1, 2016, School Districts Subject to New Requirements for Employee Background Checks

Previously, Conn. Gen. Stat. § 10-222c merely required school districts to make a documented good faith effort to contact previous employers of applicants to obtain “information and recommendations which may be relevant to...more

California Federal Judge Certifies Class in S2Verify FCRA Class Action Using Spokeo Concreteness Test

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company,...more

Connecticut and Vermont to Ban the Box in 2017

Beginning in 2017, Connecticut and Vermont will become the eight and ninth states to “ban the box” for private employers: Connecticut - Effective January 1, 2017, Connecticut employers will be prohibited from...more

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