The Risks in Background Checks
The Clean Slate Act’s Impact on Employers
AGG Talks: Background Screening - Ban the Box and Fair Chance Hiring Laws: The Year in Review
Expungements: A Helping Hand for a Second Chance and New Opportunities
AGG Talks: Background Screening - Redaction of Identifiers by the Courts Update, Breaking News from California
AGG Talks: Background Screening - Redaction of Identifiers by the Courts in Michigan and California Pose Challenges for Background Checks
#WorkforceWednesday: COVID-19 Restrictions Tighten, NYC Fair Chance Act, Biden's Budget - Employment Law This Week®
How to Conduct Criminal Background Checks the Right Way
[WEBINAR] Labor & Employment Law: What Changed in 2017
"Ban The Box" And Other Laws Limiting An Employer's Use Of Criminal History
LXBN This Week Ep. 2: EEOC on Criminal Records & Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS
California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently...more
New regulations effective October 1, 2023, will impact how employers may consider criminal history in employment decisions. The Fair Chance Act (FCA) prohibits California employers with five or more employees from inquiring...more
A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more
The federal Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act) officially took effect this week on December 20, 2021. The law was signed two years ago as Section 1123 of the National Defense Authorization Act for...more
In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...more
Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
On July 15, 2021, the New York City Commission on Human Rights (the “NYCCHR” or “Commission”) issued its highly anticipated updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination. ...more
While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled...more
The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more
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
With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more
Seyfarth Synopsis: On February 4, 2020, EEOC Chair Janet Dhillon’s released a list of priorities for the Commission in 2020. While the priorities primarily focus on continuing to seek justice for workers raising claims of...more
On December 20, 2019, President Trump signed into law a defense spending bill which included the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”). Employers should take note that the law (1) prohibits the...more
Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more
Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more
Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more
A federal appeals court ruled yesterday that the 2012 guidance document from the Equal Employment Opportunity Commission (EEOC) that cautioned employers not to apply blanket bans against hiring those with criminal records...more
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more
The 2018 Colorado state elections resulted in a Democratic House, Senate, and governor, smoothing the way for the 2019 legislature to pass six new employment bills. Some of these pieces of legislation had been proposed in...more
Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may...more
Almost two years ago to the day, 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. ...more
Canada saw significant developments in labour and employment law in 2018. As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. ...more