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Credit Reports Fair Credit Reporting Act Hiring & Firing

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Spokeo Gets Lyft Off

by Carlton Fields on

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

Use of Credit Information for Employment Screening

by Arnall Golden Gregory LLP on

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

New Guidance Issued on FCRA Compliance in Employee Screening

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

FTC Releases Updated FCRA Guidance On Background Checks

by Littler on

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

Proposed Amendments to Fair Credit Reporting Act

by McGuireWoods LLP on

Two new bills affecting credit reporting and the use of credit reports for employment purposes are working their way through Congress. If passed, the bills would amend the Fair Credit Reporting Act (FCRA). The first, The...more

Background Screening – When is Section 603(y) Applicable?

by Arnall Golden Gregory LLP on

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

Two New NYC Statutes Constrain Hiring Process - Hedge Up - A Heads-Up on Employment Issues Confronting the Hedge Fund Industry

If you read one thing... - Two new employment statutes place additional burden on New York City firms during prospective employee screening and provide fodder for the plaintiffs’ bar - Credit history and...more

Using Consumer Reports for Hiring Decisions Creates Unanticipated Litigation Risk for Employers

by Williams Mullen on

When employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if...more

Employment Law Reporter – August 2015

by Ervin Cohen & Jessup LLP on

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

If You Credit-Check New Hires, Go Over Your Disclosures or Face FCRA Exposure

by Polsinelli on

Employers, beware: a recent rash of class action suits regarding Fair Credit Reporting Act (FCRA) violations, specifically regarding disclosure provisions, poses new compliance requirements for materials you distribute to...more

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

by Littler on

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

NYC Jumps on Band Wagon Limiting Employer Use of Credit History in Making Employment Decisions

by Moore & Van Allen PLLC on

One of the earliest U.S. privacy laws applicable to private entities was the Fair Credit Reporting Act (FCRA), enacted in 1970. The FCRA placed substantial requirements on the use of background checks and credit information...more

LinkedIn Reference Search Not Subject To Fair Credit Reporting Act

by Fenwick & West LLP on

Finding that LinkedIn’s “Reference Search” function was not subject to the Fair Credit Reporting Act (FCRA), a Northern California federal district court dismissed a putative class action filed on behalf of job applicants who...more

FCRA Class Actions

by Fisher Phillips on

Hyping The “Hyper-technical” - The slowly rising waves of Fair Credit Reporting Act (FCRA) class-action litigation are beginning to crash against employers. And if you thought that the FCRA only applied to credit...more

FTC-EEOC Publication for Employment Screening

The Federal Trade Commission (FTC) has issued an updated guide for employers regarding compliance with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, as well as the Equal Employment...more

Thumbs Up/ Thumbs Down, Still FCRA

by Sherman & Howard L.L.C. on

Does your business use a contractor to provide in-home services to your customers? If so, you probably want the contractor to conduct background checks on its employees. You want the contractor to screen out people who pose...more

The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

by Littler on

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports - Potential Liability For FCRA Non-Compliance - The Swelling Tide Of Class Action Filings - Mitigating Measures -...more

Rogue CFO III – Background Checks

by Sands Anderson PC on

Perform Background Checks. It seems obvious. Why would a company not want as much information about a candidate for its CFO position that it can legally obtain? But this oversight is common. Too many smaller companies hire...more

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

by Littler on

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

Nevada Imposes Restrictions On The Use Of Credit Reports In Employment Decisions

by Fisher Phillips on

Employers frequently use credit reports (sometimes referred to as “consumer reports”) as a tool in determining whether to hire, promote or retain an employee. The Fair Credit Reporting Act (FCRA), a federal law, allows an...more

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