Screening Procedures

News & Analysis as of

CFPB files amicus brief in Ninth Circuit in remanded Article III standing case

This past May, the U.S. Supreme Court, in Spokeo, Inc. v. Robins, ruled 6-2 that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for...more

Philadelphia Restricts Employers’ Use of Credit Information

Last month, Mayor Jim Kenney signed amendments to Philadelphia’s Fair Practices Ordinance that restrict employers’ use of credit information for employment purposes. Starting today, Philadelphia employers now generally cannot...more

Reputation Matters: Don’t Lose Opportunities Due to Inaccurate Personal Data

Consumers may be injured by inaccurate data that they cannot review or correct. There’s a hole in the bucket, dear Congress. The children’s song, “There’s a Hole in the Bucket,” exemplifies the conundrum many consumers...more

OIG, GAO Examine Medicare & Medicaid Program Integrity/Provider Screening Issues

The HHS Office of Inspector General (OIG) and the Government Accountability Office (GAO) have recently examined a number of Medicare and Medicaid provider screening and related program integrity issues....more

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA....more

SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded to Lower Court

On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis. The issue is whether the plaintiff, Robins, has standing to...more

Client Alert: Supreme Court Holds Plaintiffs Must Allege "Concrete" Injury to Bring a Claim

"No injury" class actions based on technical statutory violations appear to have taken a significant blow today with the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins. The high court held that plaintiffs who allege...more

U.S. Supreme Court Holds Not Every Violation of a Federal Statute is a Ticket to File a Federal Court Lawsuit

On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more

New Guidance Issued on FCRA Compliance in Employee Screening

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

FTC Publication for Background Screeners

The Federal Trade Commission (FTC) just issued guidance for companies providing employment screening services. According to the FTC, they have “created new guidance for businesses aimed at giving employment background...more

Screening for psychopaths – managing the front end of workplace bullying

When it comes to managing bullying in the workplace, the focus tends to be on dealing with the bullying behaviour after it has occurred or at least after the bully has started work. But are there ways to stop bullies from...more

Another Win for Wellness: The Erosion of Voluntary Participation

Consider the following wellness program scenario: A company implements a program that incentivizes employees to take a health risk assessment and undergo biometric screening. The assessment asks questions about the...more

Criminal records checks "Arbitrary" and unlawful

R (on the application of P) v. Secretary of State for Justice [2016] All ER (D) 166 (Jan) - The High Court has upheld a challenge by way of judicial review to the criminal records disclosure scheme used in England and...more

CFPB Takes Aim at Overdraft Fees and Screening Inaccuracies

On February 3, 2016, the Consumer Financial Protection Bureau (CFPB) took a series of steps aimed at improving access to checking accounts for the nearly 10 million American households that are “unbanked” or which have no...more

New E-Verify Law in California

In California, individuals now have a private right of action to bring a claim against an employer who uses the E-Verify program for pre-screening purposes. ...more

CFPB postpones field hearing on checking account access to Feb. 3

The CFPB has announced that due to inclement weather, it has postponed the field hearing about access to checking accounts until February 3, 2016. The hearing, which is to be held in Louisville, Kentucky, was originally...more

FINRA Members Subject to New Background Screening Rules

Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background...more

Philadelphia Shows Brotherly Love for Ex-Felons Seeking Jobs

Quick quiz: Which of the following statements by an employer is illegal in Philadelphia? (A) I would never hire a vegetarian. (B) No ugly people will be hired here. (C) I hate dyed hair. If the carpet doesn’t match the...more

Philadelphia Goes Beyond Ban the Box

On December 15, 2015, Mayor Michael Nutter signed a bill amending Philadelphia’s “ban the box” law, formally titled the Fair Criminal Records Screening Standards Ordinance, which was enacted in 2011. With these amendments,...more

New Jersey Adopts Ban-the-Box Regulations

On December 7, 2015, the New Jersey Department of Labor and Workforce Development (“DOL”) adopted regulations (“Regulations”) regarding the state’s Opportunity to Compete Act (“OTCA”), also referred to as New Jersey’s...more

Final New Jersey Ban-the-Box Regulations Issued Today, Effective Immediately

The New Jersey Department of Labor and Workforce Development (NJDOL) published its long awaited, final “ban-the-box” regulations today, which take effect immediately. The final regulations, and the NJDOL’s comments to the...more

Time Spent During Security Screening of Apple Employee Bags Not Compensable Under California State Law

Apple scored a decisive wage-and-hour victory when a California district court recently tossed a class action in which the plaintiff employees sought compensation for time spent undergoing exit bag searches to ensure they...more

Hiring Your Team: Avoiding Legal Pitfalls In Identifying And Interviewing Potential Team Members

Effective hiring processes and procedures will help you to avoid many costly headaches later on. Here are some tips on avoiding legal pitfalls in the hiring process. ...more

Ban the Box Gaining Momentum

Last week, President Obama announced yet another executive order, this one removing questions about an applicant’s criminal history from applications for federal jobs. Similar laws have been passed in cities and states across...more

California Law: Asking Potential Employees About Arrests and Convictions

Business leaders often ask whether pre-employment tests and matrices are better for employers than face-to-face interviews at predicting a job candidate’s success. This month, at my quarterly breakfast seminar, I spoke about...more

93 Results
|
View per page
Page: of 4
JD Supra Readers' Choice 2016 Awards

"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:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×