News & Analysis as of

Employee Credit Checks

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

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

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

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

by Seyfarth Shaw LLP on

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

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 Restricts Employers’ Use of Credit History for Employment Purposes

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective July 7, 2016, employers in Philadelphia are prohibited from procuring or using an applicant’s or employee’s credit history for employment purposes. On June 7, 2016, Philadelphia Mayor...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

Philadelphia Ordinance Restricting Credit Checks on Job Applicants, Employees Effective July 7

by Jackson Lewis P.C. on

Effective July 7, 2016, a new City of Philadelphia ordinance will restrict the use of credit checks and credit-related information. With certain exemptions, the ordinance prohibits covered employers in Philadelphia from...more

Your Credit is No Good Here: Philadelphia Becomes Latest Jurisdiction to Make It Unlawful to Use Credit Information in Employment

by Genova Burns LLC on

On June 7, 2016, Philadelphia Mayor Jim Kenney signed into law Philadelphia Bill No. 160072, which amends Philadelphia’s “Fair Practices Ordinance: Protections Against Unlawful Discrimination,” Chapter 9-1100, et seq. of the...more

Philadelphia Limits Employer Use of Credit Information

by Ballard Spahr LLP on

Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair...more

Congress Considers Changes to FCRA to Expand Consumer Credit Files and Limit Use of Credit Reports for Employment Decisions

by Carlton Fields on

Two bills amending the Fair Credit Reporting Act (FCRA) intended to benefit consumers are making their way through Congress. H.R. 4172, "The Credit Access and Inclusion Act of 2015," has bipartisan support, although it is...more

New Jersey Advances Bill to Ban Most Employee Credit Checks

On December 14, 2015, the New Jersey Assembly Labor Committee released another bill—A2298—seeking to prohibit most credit checks on employees. Essentially the same as prior bills that failed in the New Jersey legislature...more

How Often Can We Run Credit Checks On Dealership Employees?

by Fisher Phillips on

Picture this scenario: a privately held dealership operates 16 stores in Southwest Florida. The company’s CFO tries to keep on top of how the finance managers, cashiers, parts managers, and others who handle money or property...more

The Fair Credit Reporting Act: Misnamed but Mischievous

by Wilson Elser on

While its name might indicate that it is aimed at credit checks, the Fair Credit Reporting Act also regulates employer background checks. Indeed, the FCRA contains a number of potential traps for employers that a new wave of...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

by Epstein Becker & Green on

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

New York Employment Law Roundup: July, August, & September 2015

by Reed Smith on

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest events, we share regular summaries of...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 Alert (US): Guidance Clarifies NYC Employers’ Obligations Under Credit Check Law

by DLA Piper on

The New York City Commission on Human Rights has issued interpretive enforcement guidance for the Stop Credit Discrimination in Employment Act . The SCDEA amended the New York City Human Rights Law and made it an...more

The New York City Commission on Human Rights Releases Enforcement Guidance on the Stop Credit Discrimination in Employment Act

Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

California Court Limits Defenses Available to Employers Requesting Employee Background Checks

by Stoel Rives LLP on

Background checks can provide California employers with vital information concerning their employees. In order to protect individual privacy rights, however, the California legislature has created two separate laws governing...more

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