News & Analysis as of

Credit Checks

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

by Foley & Lardner LLP on

Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

NOW IN EFFECT: D.C. Law Restricts Employers From Making Credit Check Inquiries

On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported, the Act amends the D.C. Human Rights Act to...more

A Cautionary Tale Regarding Consent and In-Store Tablets

by Dentons on

The Office of the Privacy Commissioner (OPC) recently released a case summary with implications for retailers attempting to obtain consent for privacy-compliance or anti-spam compliance purposes....more

Recruitment and Wage and Hour Law in Ontario

by Dickinson Wright on

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

New D.C. Law Restricts Employer Use of Credit Histories in Employment Decisions

On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977,...more

D.C. Fair Credit in Employment Amendment Act Prohibits Inquiry Into Prospective and Current Employees’ Credit Information

by Seyfarth Shaw LLP on

The District of Columbia has become the newest jurisdiction to prohibit employers from inquiring into their job applicants’ and current employees’ credit information. ...more

DC Fair Credit in Employment Amendment Act of 2016

by Morgan Lewis on

DC mayor signs act prohibiting employer use of an employee’s credit information. On February 16, the mayor of the District of Columbia signed the DC Fair Credit in Employment Amendment Act of 2016 (the Act). The Act...more

D.C. Mayor Signs Bill Restricting Employers From Making Credit Check Inquiries

On February 15, 2017, Mayor Muriel Bowser signed the Fair Credit in Employment Amendment Act of 2016 (the “Act”). As previously reported, the Act, if it becomes law, will amend the D.C. Human Rights Act to prohibit employers...more

District of Columbia Mayor Signs Law Restricting Employers from Using Credit Information in Employment Decisions

by Littler on

On February 15, 2017, District of Columbia Mayor Muriel Bowser signed a bill prohibiting, with limited exceptions, employers’ use of or obtaining a job applicant's or employee's credit information for employment purposes. ...more

D.C. Joins other States in Banning Credit Checks in the Hiring Process

by Conn Maciel Carey LLP on

The D.C. City Council recently passed the Fair Credit in Employment Amendment Act (“the Act”), which now strictly limits an employer’s ability to inquire into an applicant’s credit history as a basis for a hiring decision. ...more

Illinois Appellate Court Reminds Employers of Restrictions on Credit Checks

by Franczek Radelet P.C. on

Recently, an Illinois Appellate Court found that Neiman Marcus violated state law by running credit checks on potential sales associates. In Ohle v. The Neiman Marcus Group, Ohle claimed that her conditional offer of...more

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Massachusetts State Legislature Takes Action on Major Employment Reform as Legislative Session Ends

In the final weeks before the end of the legislative session, the Massachusetts House and State both addressed major pieces of labor and employment legislation. However, although the legislature passed S.2119, an Act to...more

New Orleans Adopts Legislation Prohibiting City Contractors From Conducting Employment-Related Credit Checks

The New Orleans City Council recently approved legislation making it unlawful for city contractors to seek or use the consumer credit history of a current or prospective employee for any decision regarding the hiring or...more

Philadelphia, PA Bans Use of Credit Information in Employment Decisions

Effective as of July 7, 2016, amendments to the Philadelphia, PA Fair Practices Ordinance make it an unlawful discriminatory practice for an employer to procure, seek to procure, or use an applicant’s or employee’s credit...more

It’s (Not So) Sunny in Philadelphia [for Employers]: City Enacts New Prohibitions on Credit Checks

A new Philadelphia ordinance amending the City’s Fair Practices Act goes into effect on July 7, 2016. The amendment severely limits an employer’s ability to procure and use credit information on most applicants and employees...more

Employment Law Roundup: Summary of Recent Changes Affecting New York Employers

by White & Case LLP on

Private employers in New York should be aware of a number of employment law changes over the past year that affect background checks (both credit and criminal history), anti-discrimination protections and reasonable...more

Best Practices for Conducting Pre-Employment Background Checks in Canada

Many employers perform background checks before hiring their employees. The process could be as simple as checking an applicant’s professional credentials, education, and references, or as detailed as a criminal records check...more

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more

New Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?

A Higher Minimum Wage in Certain Counties - On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least...more

How to Collect Money You are Owed

by Tucker Arensberg, P.C. on

It is no secret that cash flow is vital to any business, and the key to cash flow it to timely collect money that is owed to the business. Selling a product or providing a service is of no benefit to the business if it does...more

What’s Cooking at the General Assembly in 2016 (Part I)

by Shipman & Goodwin LLP on

The 2016 Connecticut General Assembly is about one month from ending its term so it’s a good opportunity to see what bills are still floating out there. I’ll do a bigger recap when we get close to the end of the session...more

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

Additional Restrictions for Employer Credit Checks Could Be On the Way For New Jersey Employers

by Genova Burns LLC on

Legislation advanced by the New Jersey State Assembly (A2298) on December 14, 2015 could signal tougher restrictions on employer credit checks of existing or potential employees. The pending legislation also would also...more

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