Bryan Fratkin

McGuireWoods LLP

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Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims

On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...more

2/2/2023 / Background Checks , Criminal Background Checks , Criminal Records , Employer Liability Issues , Hiring & Firing , Job Applicants , Wal-Mart

California Court of Appeals Joins FCRA’s Mad Tea Party

The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...more

4/24/2019 / Background Checks , Class Action , Disney , Employer Liability Issues , Employment Litigation , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants , Screening Procedures

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

2/4/2019 / Background Checks , Class Action , Corporate Counsel , Disclosure Requirements , Employer Liability Issues , Employment Application , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants

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