News & Analysis as of

Hiring & Firing Written Consent

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... more +
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 -
Lippes Mathias LLP

New York Enacts New Requirements for Independent Contractor Relationships

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New York State recently enacted a new Article 44-A of the New York State General Business Law, known as the “Freelance Isn’t Free Act” (“Act”). Once it goes into effect on August 28, 2024, the Act will require individuals and...more

Fisher Phillips

Hiring Minors This Holiday Season? 8 Top FAQs for Kentucky Employers

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Employers across various industries continue to adjust to a disrupted workforce in the wake of the pandemic and the resulting labor shortage, which has led many to consider expanding their recruitment efforts to include...more

Dentons

HR Quick Take: Electronic Signatures

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Q: Can I use electronic signatures for consents to background checks under the Fair Credit Reporting Act? A: Yes, the FCC issued an opinion in 2001, determining that the FCRA requirements to obtain written consent can be...more

Fisher Phillips

New Privacy Protections Introduced in Illinois

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Illinois has introduced new workplace privacy legislation governing the use of artificial intelligence during the job interview process. The state legislature unanimously passed the Artificial Intelligence Video Interview Act...more

Arnall Golden Gregory LLP

Background Screening – When is Section 603(y) Applicable?

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

Goodwin

U.S. District Court Upholds FDIC’s Golden Parachute Decision

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The U.S. District Court for the Eastern District of Missouri (the “District Court”) issued a memorandum and order (the “Order”) in which the District Court upheld a decision of the FDIC that contract damages sought by the...more

BakerHostetler

Background Check Forms Face Increased Scrutiny in Federal Court

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Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

Akerman LLP - HR Defense

New Fair Credit Reporting Act Form For Employers

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) established the Consumer Financial Protection Bureau (CFPB), and the responsibility for interpreting and enforcing the Fair...more

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