News & Analysis as of

Employer Liability Issues Credit History

Womble Bond Dickinson

Ninth Circuit Again Addresses FCRA’s ‘Standalone’ Disclosure Requirement

Womble Bond Dickinson on

In Luna v. Hansen and Adkins Auto Transport, Inc., the Ninth Circuit heard a “more novel” theory regarding FCRA’s standalone disclosure requirement, but affirmed the trial court’s grant of summary judgment in favor of the...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Puerto Rico Enacts Restrictions on Use of Credit History in Employment

Seyfarth Shaw LLP on

Seyfarth Synopsis: With limited exception, Puerto Rico has joined the growing list of states that preclude an employer or prospective employer from procuring an employee’s or applicant’s credit history and/or taking adverse...more

Mintz - Employment Viewpoints

Separate Federal and State Background Check Disclosure Forms Are Required in California, Says 9th Circuit Court of Appeals

Employers must provide applicants and employees with separate federal and state Fair Credit Reporting Act (FCRA) disclosure forms, said the 9th Circuit in an important decision released last week. Combining any state...more

Arnall Golden Gregory LLP

Employment Background Screening–Compliance with the FCRA

I recognize this is a lengthier blog than I normally post, but it’s necessary so I can help employers help themselves. The Ninth Circuit Court of Appeals issued an important opinion that is relevant not only to employers...more

Jackson Lewis P.C.

Puerto Rico Revises Form For Reporting Payments To Terminated Employees, Considers Credit History Ban

Jackson Lewis P.C. on

The Puerto Rico Department of the Treasury has announced changes to tax reporting for certain severance payments. As a result of the Labor Transformation and Flexibility Act (Act 4-2017), adopted in 2017, certain limited...more

Sheppard Mullin Richter & Hampton LLP

Hiring Personnel in New York: Dos and Don’ts – Part 2

Part II: Offer Letters and Background Checks - In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (regarding advertising and interviewing for a...more

Seyfarth Shaw LLP

Using Credit Histories In Employment Decisions: An Overview Of Divergent State & Local Requirements

Seyfarth Shaw LLP on

Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more

Fisher Phillips

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

Fisher Phillips on

Applicant background reports can be vital tools for employers, especially in the hiring process. However, amendments to the Fair Credit Reporting Act (“FCRA”) significantly increase the rights of applicants and employees to...more

Jackson Lewis P.C.

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

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

Ballard Spahr LLP

Philadelphia Limits Employer Use of Credit Information

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

Littler

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

Littler on

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

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

No Credit, No Problem: NYC’s New Guidance Further Limits Employer Credit Checks

As we previously reported, New York City recently passed a law prohibiting employers from requesting or using an individual’s credit history in making employment decisions. On September 3, 2015—the same day that the new law...more

Mintz - Employment, Labor & Benefits...

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

Morgan Lewis

NYC Commission on Human Rights Releases Interpretive Enforcement Guide for the SCDEA

Morgan Lewis on

The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more

Hinshaw & Culbertson LLP

That's A Lotta Cheddar: Pizza Chain Pays Big to End Background Check Case

The parent company of Chuck E. Cheese's restaurants, CEC Entertainment, Inc., has agreed to pay $1.75M to settle a class action lawsuit in California brought by applicants who claimed the company provided improper background...more

Spilman Thomas & Battle, PLLC

Employers & The Fair Credit Reporting Act: Has Sweet v. LinkedIn Signaled the Next Wave of Social Media Driven Change?

Most employers are at least generally familiar with the The Fair Credit Reporting Act (“FCRA”). FCRA protects consumers whose information is disclosed by consumer reporting agencies. In the employment context, FCRA regulates...more

Arnall Golden Gregory LLP

Update — New York City Prohibition on Requests or Use of Credit History for Employment Screening

This week New York City Mayor Bill de Blasio will hold on hearing on New York City’s Proposed Int. No. 261-A, which would ban the use of consumer credit history, making its use potentially an unlawful discriminatory practice....more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide