News & Analysis as of

Screening Procedures

New EU Law on the Screening of Foreign Direct Investments in Europe

• The European Commission has released a set of documents, including a proposal for an ‘FDI Regulation,’ which sets out an EU framework for screening foreign direct investments. • This proposal would grant the European...more

European Commission Proposes Screening Mechanism for Foreign Direct Investment into the European Union

by Jones Day on

The European Commission ("Commission") has published a legislative proposal that seeks to establish a screening framework across the European Union ("EU") for foreign direct investment ("FDI") that may affect security or...more

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

by Fisher Phillips on

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

WPI State of the States: Labor Day Edition

by Littler on

The holiday weekend marked the end of summer fun, but state legislatures across the country remained hard at work in August. Roughly nine statehouses are in active session. In other jurisdictions, such as Florida and Ohio,...more

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more

Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand

by Carlton Fields on

The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which aggregates publicly...more

Coming Soon: In-Person Interviews for Employment-Based Green Card Applicants

by Moore & Van Allen PLLC on

On August 28, 2017, USCIS announced that it will begin expanding in-person interviews for certain permanent residency applicants, a change being implemented in response to Executive Order 13780, which pushed for more "uniform...more

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

by Foley & Lardner LLP on

In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens. As a result, many employers are now...more

Ninth Circuit in Spokeo: Inaccurate Consumer Reports Support Standing in FCRA Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held that allegations that Spokeo Inc. published an inaccurate consumer report in violation of the Fair Credit Reporting Act established a concrete injury sufficient to confer...more

Ninth Circuit: Procedural Violations Can Meet Standing Test

by Carlton Fields on

This week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural statutory violations. In...more

Seventh and Ninth Circuit Decisions Provide Guidance on the Concrete Injury Analysis Required Under Spokeo

by Pepper Hamilton LLP on

While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement...more

The Ninth Circuit Revives Consumer Class Action, Finding Intangible Harm Sufficient to Confer Article III Standing

by Hogan Lovells on

The six-year fight over the type of harm a plaintiff must allege to satisfy the “injury in fact” requirement for lawsuits alleging false reporting of credit information took its latest turn this week. On Tuesday, August 15,...more

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

Spokeo Resurfaces: Ninth Circuit Holds FCRA Plaintiff Has Standing to Sue

by Goodwin on

On August 15th, the Ninth Circuit issued its opinion in Robins v. Spokeo, finding that plaintiff Thomas Robins has standing to continue his Fair Credit Reporting Act (FCRA) suit against Spokeo, Inc. In its opinion, a...more

Alleged FCRA Violation Sufficiently Concrete for Article III Standing, Ninth Circuit Holds in Spokeo II

by Ballard Spahr LLP on

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III...more

Spokeo: On Remand From The U.S. Supreme Court, The Ninth Circuit Finds Plaintiff Has Standing, Again

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more

FDA Announces Import Staffing Change at International Mail Facilities

Earlier this month, The Washington Post reported that Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that he was reallocating three dozen employees to international mail facilities (IMF), as well as...more

Eastern District of California Adopts Broad Approach to Screening

by Holland & Knight LLP on

In deciding a disqualification motion based on a conflict of interest resulting from a lateral hire, the U.S. District Court for the Eastern District of California recently adopted a screening-friendly approach in National...more

Best practices for employers under the EEOC’s new strategic enforcement plan

by McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Labor and Employment Group News: New York City Passes Law Barring Employers From Inquiring Into Job Applicant Salary History

by Murtha Cullina on

On May 4, 2017, Mayor Bill de Blasio signed a New York City Council bill that prohibits employers from inquiring about a prospective employee’s “salary history” during any stage of the employment process. In addition, the...more

Changes to Massachusetts CORI Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Department of Criminal Justice Information Services recently amended the provisions of the Commonwealth’s CORI regulations that govern how employers conduct criminal history checks. ...more

New York City Is Poised to Prohibit Inquiries Into Salary History

by Epstein Becker & Green on

On April 5, 2017, the New York City Council passed a bill (“Bill”) that would amend the New York City Human Rights Law (“NYCHRL”) to prohibit all New York City employers from (i) requesting a job applicant’s salary history or...more

Screen for Success: The Importance of Legal Compliance in the Hiring Process

by Sands Anderson PC on

It’s a fair guess that employment lawyers spend a substantial amount of their time advising clients about the legal issues arising out of employment separations. However, these attorneys likely receive far fewer requests for...more

The Pros and Cons of Social Media in Job Screenings

by Pullman & Comley, LLC on

It is not surprising that a recent survey released by the Society for Human Resource Management revealed that a growing number of employers are using social media both to hire and to disqualify job candidates. Social media...more

Increased Scrutiny of Visa Applications and Possible Delays

by Mintz Levin on

On March 17, 2017, the Department of State (“DOS”), through the Secretary of State, issued a cable to all US consulates and embassies with guidance on enhanced screening and vetting of applications for US visas and other...more

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Cybersecurity

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