News & Analysis as of

Class Action Employment Application

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Littler

The Rest of the Story (for Now): Employer Prevails in FCRA Class Action Alleging “Stand-Alone” Disclosure Violation

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As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures....more

Fisher Phillips

Sometimes Less Is More: Background Check Disclosures Can Go Too Far and Lead to FCRA Violations

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Under federal law, an employer that conducts a background check for an applicant or employee must first provide written notice, also known as a disclosure, to that individual – but recent court decisions demonstrate how...more

Jackson Lewis P.C.

Ninth Circuit: FCRA Does Not Require Disclosure To Be Distinct In Time from Other Employment Documents

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The Ninth Circuit recognized that plaintiff’s argument was novel but was thwarted by the statute itself. Plaintiff below, argued on behalf of a class, that the company violated the Fair Credit Reporting Act (FCRA) by...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

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Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more

Womble Bond Dickinson

Ninth Circuit Creates ‘Concise Explanation’ Standard for Background Check Disclosure Forms

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By Jason Wyman On March 20, 2020, the Ninth Circuit issued its opinion Walker v. Fred Meyer, Inc., 2020 U.S. App. LEXIS 8809 (9th Cir. Mar. 20, 2020) and created a “concise explanation” standard to judge when an employer’s...more

Akin Gump Strauss Hauer & Feld LLP

Critical Considerations for Compliance with the FCRA

These days, companies conducting background checks on job applicants have a lot to think about. Most companies are aware of the Fair Credit Reporting Act (FCRA) and FCRA’s various state analogs. FCRA, one of a number of...more

Womble Bond Dickinson

Two Class Actions Alleging Starbucks Violated FCRA’s Background Report Disclosure Requirements Are Grinding Toward Settlement

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Two pending class action lawsuits alleging coffee giant Starbucks violated the Fair Credit Reporting Act (“FCRA”) by relying on flawed background reports to decline employment to over 8,000 job applicants will likely settle...more

Foley & Lardner LLP

“Stand-Alone” REALLY Does Mean Stand-Alone - Ninth Circuit Court of Appeals Interprets the FCRA

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On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean) issued a far-reaching opinion that will likely impact the hiring process of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Verse, Same as the First: Ninth Circuit Weighs in Again on Background Check Disclosures, Raising the Compliance Bar Even...

The disclosure requirement of the federal Fair Credit Reporting Act (FCRA) remains one of the most contentious and expensive litigation areas for employers. The case law from various federal district courts has been a mixed...more

Arnall Golden Gregory LLP

Employers—Is the Disclosure and Authorization Form You Use for Employment Background Screening Purposes Compliant?

The Ninth Circuit Court of Appeals issued an important opinion that is relevant not only to employers that are responsible for a providing job seekers with a compliant disclosure and authorization under the Fair Credit...more

McGuireWoods LLP

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

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On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

BakerHostetler

Background Check Disclosures with State Law Information Are Illegal, Ninth Circuit Declares in Class Action Case

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Check your background check disclosure forms. Now. The Ninth Circuit has now declared that background check disclosure forms that include state law disclosures are illegal. Gilberg v. California Check Cashing Stores, LLC,...more

Womble Bond Dickinson

Stanford Facing FCRA Class Action (again)

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Stanford University is facing a new FCRA class action with, potentially, over a thousand class members. And it’s not the first time Stanford has faced these claims. According to the class action complaint in Richards v....more

Womble Bond Dickinson

FCRA Disclosures and Authorization: I Can See Clearly Now…

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The Central District of California just issued a summary judgment ruling in case regarding how clear and conspicuous a FCRA disclosure form and authorization must be. In Luna v. Hansen & Adkins Auto Transp., Inc., 313 F....more

Littler

Seventh Circuit Holds Class Action Plaintiff Had Standing for an Alleged Violation of the FCRA’s "Pre-Adverse Action" Notice...

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On August 29, 2018, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Robertson v. Allied Solutions, LLC, holding the plaintiff had standing to sue in federal court under the Fair Credit Reporting Act...more

Fisher Phillips

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

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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

Baker Donelson

Courts to Employers: Get Your Background Searches in Order

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Over the last few years, employers are facing a new type of class action claim – improper disclosure and authorization for background searches during the hiring process. Some courts have found violations are "willful,"...more

Littler

Ninth Circuit is the First Appellate Court to Rule on “Extraneous Text” in a FCRA Background Check Disclosure

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On January 20, 2017, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. In Syed v. M-I, the...more

Foley & Lardner LLP

Wisconsin Employers Targeted for Technical Violations of the Fair Credit Reporting Act

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Within the past year, one Wisconsin resident has filed several class-action lawsuits against Wisconsin employers. In each case, the resident claimed that the targeted employers were using improper disclosures in employment...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Hinshaw & Culbertson LLP

That's A Lotta Cheddar: Pizza Chain Pays Big to End Background Check Case

The parent company of Chuck E. Cheese's restaurants, CEC Entertainment, Inc., has agreed to pay $1.75M to settle a class action lawsuit in California brought by applicants who claimed the company provided improper background...more

BakerHostetler

Background Check Forms Face Increased Scrutiny in Federal Court

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Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

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