News & Analysis as of September 20, 2024

Hiring & Firing › Credit History

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

7 Tips for Effective Background Screening of Hourly Employees

Mitratech Holdings, Inc on 9/16/2024

Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

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

Womble Bond Dickinson on 5/20/2020

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

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

Seyfarth Shaw LLP on 4/11/2020

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

Littler Global Guide - Puerto Rico - Q4 2019

Littler on 1/23/2020

Employers in Puerto Rico Precluded from Using Credit Reports or Credit History for Employment Actions - New Legislation Enacted - On October 8, 2019, the Governor of Puerto Rico signed into law Act No. 150 of October 8,...more

Puerto Rico Enacts Restrictions on Use of Credit History in Employment

Seyfarth Shaw LLP on 11/27/2019

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

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

Mintz - Employment Viewpoints on 2/12/2019

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

Employment Background Screening–Compliance with the FCRA

Arnall Golden Gregory LLP on 2/4/2019

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

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

Jackson Lewis P.C. on 11/13/2018

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

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

Sheppard Mullin Richter & Hampton LLP on 11/6/2018

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

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

Seyfarth Shaw LLP on 6/13/2018

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

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

Fisher Phillips on 7/6/2017

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

Compliance News Flash

Arnall Golden Gregory LLP on 3/6/2017

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Old news is that U.S. Citizenship and Immigration Services (USCIS) issued...more

D.C. Fair Credit in Employment Amendment Act Sent To Mayor For Approval

Proskauer - Law and the Workplace on 2/11/2017

On December 20, 2016, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016 (B21-0244) (the “Act”) which, if enacted, would amend the D.C. Human Rights Act of 1977 to prohibit employers...more

Philadelphia Restricts Employers’ Use of Credit History for Employment Purposes

Seyfarth Shaw LLP on 7/16/2016

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

Jackson Lewis P.C. on 7/6/2016

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

Philadelphia Limits Employer Use of Credit Information

Ballard Spahr LLP on 6/22/2016

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

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

Littler on 6/21/2016

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

Public Hearings Held On Two Additional District of Columbia Employment-Related Bills

Proskauer - Law and the Workplace on 2/1/2016

On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website....more

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Holland & Knight LLP on 10/23/2015

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

Orrick - Employment Law and Litigation on 10/7/2015

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/22/2015

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

NYC Commission Issues Guidance on the Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

Littler on 9/22/2015

As previously reported, on May 6, 2015, New York City Mayor Bill de Blasio signed the "Stop Credit Discrimination in Employment Act" (Act), which makes it unlawful for most employers to use an applicant's or employee's credit...more

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

Mintz - Employment, Labor & Benefits... on 9/11/2015

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

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

Morgan Lewis on 9/10/2015

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

NYC Commission on Human Rights Issues Enforcement Guidance for Newly Effective Credit Check Law

Epstein Becker & Green on 9/10/2015

On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more

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Hiring & Firing › Credit History

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