News & Analysis as of September 20, 2024

Hiring & Firing › Fair Credit Reporting Act (FCRA)

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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 -

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

Rodemer Kane Attorneys at Law on 9/19/2024

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

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

Appeals Court: No FCRA Informational Injury Standing

Ballard Spahr LLP on 9/11/2024

A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

Understanding Adverse Action: A Guide For HR Professionals

Mitratech Holdings, Inc on 9/6/2024

You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more

CFPB’s Proposed Amendment of Regulation V to Limit Medical Bills in Credit Reporting: What do Employers Need to Know?

Jackson Lewis P.C. on 7/8/2024

On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more

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

Epstein Becker & Green on 4/9/2024

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

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

Burns & Levinson LLP on 3/20/2024

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

Can You Legally Get Criminal Background Checks on Independent Contractors?

Locke Lord LLP on 3/19/2024

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

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

Orrick, Herrington & Sutcliffe LLP on 1/22/2024

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

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

Akerman LLP - HR Defense on 10/31/2023

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more

California Employers Using Criminal History Face New Compliance Obligations

Seyfarth Shaw LLP on 8/23/2023

For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

Human Resources Compliance Audits (Part 2)

Porter Hedges LLP on 8/9/2023

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Venable LLP on 7/28/2023

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Illinois Employers Must Act to Comply With New Equitable Employment Laws

Fox Rothschild LLP on 7/12/2023

Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

Employment Issues in Generative AI

Proskauer Rose LLP on 7/3/2023

The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more

Calif. FCRA Ruling Boosts Technical Claim Defense

Troutman Pepper on 6/30/2023

A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

Troutman Pepper on 6/23/2023

Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more

Manufacturing Employers Continue Smart Hiring, With a New Twist

Jackson Lewis P.C. on 5/2/2023

Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more

CFPB Releases New Required Form for Use in Employee Background Check Process

Dinsmore & Shohl LLP on 4/20/2023

The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more

Employers Must Update Their Summary of Rights Notice for Background Check Screenings

Fisher Phillips on 3/31/2023

Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take...more

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Littler on 3/23/2023

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more

A California Unicorn: Court Issues Favorable Background Check Ruling for Employer in Class Action

Fisher Phillips on 2/9/2023

Employers in California are frequently faced with class action lawsuits brought by current or former employees. Oftentimes, these actions are brought for alleged wage and hour violations, but we’ve seen an uptick in suits...more

California Federal Court Rules Employer’s Background Check Disclosures Meet FCRA Requirements

Troutman Pepper on 2/8/2023

A recent opinion issued by the U.S. District Court for the Northern District of California granted an employer’s motion for summary judgment, rejecting a series of technical arguments advanced by the plaintiff that the...more

Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

Littler on 1/17/2023

The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more

New York City Mandates AI Bias Analysis

BCLP on 1/9/2023

Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

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Hiring & Firing › Fair Credit Reporting Act (FCRA)

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