News & Analysis as of

Job Applicants Fair Credit Reporting Act

Eleventh Circuit Doesn’t Waffle on Enforceability of Arbitration Agreement

by Carlton Fields on

The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more

The Seventh Circuit Finds No Standing in FCRA Case Based on Job Application Credit Reports

by Fenwick & West LLP on

The U.S. Court of Appeals for the Seventh Circuit held that allegations that prospective employers obtained consumer reports in technical violation of the Fair Credit Reporting Act by themselves do not constitute a concrete...more

Job Applicant Who Filed 562 Applications Then Alleged FCRA Violations Denied Standing by Seventh Circuit

by Hinshaw & Culbertson LLP on

We have another court decision relying on the Supreme Court's recent Spokeo decision that found a class action plaintiff did not meet the injury-in-fact requirement under Article III of the United States Constitution. In...more

Use Of Non-Compliant Disclosure Form Did Not Result In Concrete Injury Under Fair Credit Reporting Act

by Jackson Lewis P.C. on

A job applicant alleging a violation of one of the procedural requirements of the Fair Credit Reporting Act (FCRA) lacked standing to sue under Article III of the United States Constitution because he failed to allege facts...more

Seventh Circuit Affirms Dismissal of FCRA Class Claims Based on Job Application Credit Reports Due to Lack of Standing

by Reed Smith on

In yet another appellate court decision signaling the strength of the United States Supreme Court’s 2016 Spokeo decision, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a pair of putative class...more

Seventh Circuit Affirms Spokeo Dismissal of FCRA Class Action

by Goodwin on

Last week, the Seventh Circuit affirmed the dismissal of two Fair Credit Reporting Act (FCRA) class actions on Spokeo grounds. The cases, which were consolidated for appeal, were filed by the same plaintiff against two...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

by 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

Federal District Court Holds Employer to its Promise in FCRA “Pre-Adverse Action” Notice

by Littler on

The U.S. District Court for the Eastern District of Wisconsin recently held that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information...more

California’s Tightened Regulations on Considering Criminal History in Employment Decisions Take Effect July 1, 2017

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office...more

Is Your Background Check Too Broad? New D.C. Law Bans Requests for or Use of Credit Information

by Foley & Lardner LLP on

Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more

Background Checks Are a Good Idea, but Be Careful What You Wish or

by Fisher Phillips on

Virtually every thoughtful employer wants to hire the very best employees they can find. And why not? Good workers produce better products, provide better service, give maximum effort, learn and adopt the company’s best...more

New York City Bans Employer Inquiries Into Salary History

by Genova Burns LLC on

On May 4, 2017, New York City Mayor Bill DeBlasio signed a law amending the New York City Human Rights Law, barring all public and private New York City employers from asking job applicants about their prior wages and salary...more

FTC Issues "Advice" on Background Check Disclosure and Authorization Forms

by Littler on

On April 28, 2017, the Federal Trade Commission (FTC) issued a blog article entitled “Background checks on prospective employees: Keep required disclosures simple.” The FTC is one of the two federal agencies with oversight...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

New Changes to Massachusetts Regulations on Criminal History Checks

by Littler on

Employers operating in Massachusetts are already aware of the Commonwealth’s Criminal Offender Record Information (CORI) law. CORI refers to the database of criminal information maintained by the Department of Criminal...more

Prospective Employees Must Show Actual Harm From Failure to Properly Disclose Background Checks

by Sedgwick LLP on

Consent to a background check seems to be a part of any employment application these days, whether the job sought is with a large corporation or the corner deli. Employers gain a measure of protection from conducting...more

Checking In on Background Checks

by Zelle LLP on

Background checks are a valuable (and often essential) part of the hiring process. They help employers find good employees and avoid risky hires. Failure to check applicants’ backgrounds can amount to negligence and may...more

Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure...

by Reminger Co., LPA on

Ohio courts have recently weighed in on a hotly litigated issue related to procurement of background checks on current or prospective employees: do employees have standing to sue employers where the employer fails to provide...more

Inclusion of Liability Waiver in FCRA Disclosures Violates the Act

by Blank Rome LLP on

Action Item: In a recent decision from the Ninth Circuit, which may have broad implications across the country, the Court held that an employer’s inclusion of a liability waiver as part of the Fair Credit Reporting...more

California Lawmakers Introduce Statewide Ban-the-Box Law

by Littler on

When it comes to legislation restricting employer use of criminal records, California seems to be leading the charge. In the last six months alone, we have reported on a variety of new laws that apply to California employers...more

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more

Federal Appeals Court Concludes that Employer Violates Fair Credit Reporting Act by Including Liability Waiver in Mandated...

by Conn Maciel Carey LLP on

Employers procuring credit reports for applicants or current employees must navigate exacting disclosure and procedural requirements under the Fair Credit Reporting Act (FCRA). In a question of first impression in the...more

Ninth Circuit: “Solely” Means “Solely” When It Comes to FCRA-Mandated Disclosures

Does your company conduct applicant background checks? If so, you are no doubt familiar with the disclosure requirements of the federal Fair Credit Reporting Act. Among other things, the FCRA states that employers may not...more

Employment Background Checks: In a State of Flux, but Still Worth Doing

by Fisher Phillips on

Background checks have been a tool for employers to use to screen applicants for quite some time.  However, recently there have been many changes and an increase in litigation in the background check arena....more

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