News & Analysis as of

Screening Procedures Employer Liability Issues

Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

Littler on

Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

DirectEmployers Association

DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools

Interesting story for employers whose ATS uses AI for hiring activities! Listen in as Candee and John discuss the Mobley v. Workday case in which a District Court recently ruled that Workday acts as agent of the employer,...more

Ius Laboris

Pre-Employment Screening: What is Allowed?

Ius Laboris on

Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more

Manatt, Phelps & Phillips, LLP

California Supreme Court Rules on 'Hours Worked'

The California Supreme Court answered a trio of questions from the Ninth U.S. Circuit Court of Appeals about “hours worked” under Wage Order No. 16, which governs the construction, drilling, logging and mining industries....more

Fox Rothschild LLP

Can an Employer Review Social Media Posts While Assessing Candidates?

Fox Rothschild LLP on

Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

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On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Burns & Levinson LLP

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

Burns & Levinson LLP on

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

Littler

County of Los Angeles Enacts a Sweeping Fair Chance Ordinance for the Unincorporated Areas of the County that Far Exceeds Federal...

Littler on

In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance.  A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more

Littler

How Artificial Intelligence Tools Can Increase Diversity

Littler on

Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,...more

DirectEmployers Association

DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability

Tune into this episode of DE Under 3 as our labor law experts dive into the recently dismissed complaint alleging that the algorithm-based applicant screening tool, Workday, discriminated against the plaintiff and other...more

Littler

Pay Transparency Arrives at the Nation’s Capital

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The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings.  In addition to pay scale disclosure, the District of Columbia Wage Transparency...more

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

CDF Labor Law LLP

California’s FEHA Liability Extends to Service Providers

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A recent unanimous California Supreme Court decision makes clear that when third-party entities provide services to employers with California applicants and/or employees, they may risk being held liable under the FEHA....more

CDF Labor Law LLP

Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.

CDF Labor Law LLP on

Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more

Troutman Pepper

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

Troutman Pepper on

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

Ius Laboris

Algorithmic discrimination at work

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As the use of AI becomes increasingly common in the workplace, and with calls for stricter oversight to protect employee rights, employers should be mindful of potential discrimination risks....more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Littler

Chicago Enacts Amendments to and Expands Requirements of its Criminal History Screening Ordinance

Littler on

For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more

Perkins Coie

April Tip of the Month: New York City Publishes Final Rule Regarding Use of AI Tools in Employment Decision-Making

Perkins Coie on

On April 5, 2023, New York City published final rules for Local Law 144, which prohibits employers from using automated employment decision tools (AEDTs) to screen job candidates unless certain bias audit and notice...more

Shook, Hardy & Bacon L.L.P.

Recent Ninth Circuit Decision Finds Oregon Employers Not Required to Pay for Security Checks

In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more

Sheppard Mullin Richter & Hampton LLP

Ring in the New Year With a Refresher on California's COVID-19 Regulations and Laws

As the end of the year draws near, it is important for employers in California to remember there are multiple COVID-19 regulations and laws that will still apply to the workplace in 2023. The Division of Occupational Safety...more

Seyfarth Shaw LLP

Courts Begin Ruling on Compensability of Covid-19 Screening Time

Seyfarth Shaw LLP on

Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more

Barnea Jaffa Lande & Co.

Can Employers Request Medical Information during the Hiring Process?

Barnea Jaffa Lande & Co. on

Providing medical information about a person is a highly sensitive personal matter. Asking for it as part of the hiring process raises difficulties in relation to both Israeli labor and privacy protection laws. Employers may...more

Blank Rome LLP

NYC Employers Using AI for Screening Beware

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Starting January 1, 2023, New York City employers that utilize artificial intelligence (“AI”) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct independent...more

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