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Employer Liability Issues Background Checks

Faegre Drinker Biddle & Reath LLP

Los Angeles County Fair Chance Ordinance – Summary of New Requirements

As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those...more

Rodemer Kane Attorneys at Law

Does a DWAI Show Up on a Background Check in Colorado?

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

Fisher Phillips

LA County's “Fair Chance Ordinance” Just Took Effect: What Employers Must Know About the Strict Criminal History Rules and New Era...

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Los Angeles County’s “Fair Chance Ordinance” took effect today, requiring employers in the unincorporated areas of the county to comply with criminal background check rules that are more restrictive than those that apply...more

Littler

The County of Los Angeles Will Soon Post Notice and Sample Documents to Comply with the County’s Sweeping Fair Chance Ordinance

Littler on

Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance.  The...more

Mitratech Holdings, Inc

Avoiding Negligent Hiring: How Background Checks Mitigate Risk in Finance

In finance, every decision matters. From managing investments to handling sensitive data, the industry demands trust and integrity. But how can you ensure the professionals you hire are worthy of that trust? This is where...more

Ius Laboris

Pre-Employment Screening: What is Allowed?

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Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more

Bowditch & Dewey

Proposed Changes in Massachusetts that Would Bar Use of Credit Reports by Employers

Bowditch & Dewey on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The bill is expected to pass the Senate and...more

Seyfarth Shaw LLP

Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

Seyfarth Shaw LLP on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more

Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Morgan Lewis

LA County Passes Fair Chance Ordinance on Employer Consideration of Criminal History

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The County of Los Angeles has announced a new Fair Chance Ordinance, taking effect on September 3, 2024, that will regulate the consideration of criminal history information by employers with five or more employees in...more

Perkins Coie

Los Angeles County Adopts New Background Check Requirements for Employers

Perkins Coie on

Los Angeles County adopted a new Fair Chance Ordinance for Employers (the Ordinance) on February 27, 2024, which supplements California’s 2018 Fair Chance Act (located in California Government Code Section 12952 et. seq.)....more

CDF Labor Law LLP

LA County Expands California’s “Ban the Box” Effective March 28, 2024

CDF Labor Law LLP on

Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

Littler on

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Burns & Levinson LLP

If You Use Background Checks to Vet New Employees, Don’t do This….

Burns & Levinson LLP on

While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more

Locke Lord LLP

Can You Legally Get Criminal Background Checks on Independent Contractors?

Locke Lord LLP on

Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent...more

Littler

Continuing Privacy Headache for Ordering Criminal Background Checks in California

Littler on

Companies that hire employees and engage independent contractors in California should brace themselves for an even greater slowdown in background checks that include criminal record searches in Los Angeles County. This will...more

Rodemer Kane Attorneys at Law

Misdemeanors That Prevent Employment – Surprising Offenses That Employers Won't Overlook

Will a misdemeanor affect employment? Getting a job with a misdemeanor on your record is usually not an issue, but certain offenses might make it challenging to land specific types of employment. For example: ●...more

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

Arrested Development: Wisconsin Court of Appeals Holds ‘Arrest Record’ Does Not Include Civil Violations

When is an offense a covered “offense” under the Wisconsin Fair Employment Act’s (WFEA) prohibition against arrest record discrimination? This was the question answered by the Wisconsin Court of Appeals in its recent decision...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts State Appeals Court orders a consumer has standing to sue in state court under the FCRA without federal standing

On January 11, the Massachusetts Court of Appeals ordered that an employee has standing to sue in state court, despite lacking standing to sue in a federal court. The employee (plaintiff) sued a prospective employer for...more

Jackson Lewis P.C.

Reminders About California’s Fair Chance Act

Jackson Lewis P.C. on

California’s Fair Chance Act also known as the “Ban the Box” law took effect in January 2018. It generally prohibits employers with five or more employees from asking about your conviction history before making you a job...more

Littler

New Pennsylvania Legislation and Philadelphia Ordinance Amendment Tackle Pardoned Convictions, Expunged Records, and Negligent...

Littler on

Pennsylvania and Philadelphia recently enacted changes that impact employer criminal background screening. ...more

Brownstein Hyatt Farber Schreck

New Year, New Laws for California Employers

A slew of new California employment laws were passed in 2023, many late in the year, and these new laws mandate changes to employer practices and policies, including updates to employee handbooks, as well as employment...more

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

New York State’s Clean Slate Act to Take Effect on November 16, 2024: 5 Things for Employers to Know

New York has enacted the Clean Slate Act, effective November 16, 2024, which will provide for the automatic sealing of certain criminal history records. Upon sealing, the records will be unavailable to most employers in a...more

Seyfarth Shaw LLP

New York State Enacts Legislation Sealing Criminal Records

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,...more

Bond Schoeneck & King PLLC

New York State’s Clean Slate Act: Highlights for Private Employers Including Healthcare and Human Services Employers

On Nov. 16, 2023, New York State Gov. Kathy Hochul signed legislation, also known as the Clean Slate Act, to automatically seal from public access criminal records for most individuals convicted of a crime....more

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