Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more
On August 12, the National Consumer Law Center (NCLC), a prominent consumer advocacy group, petitioned the CFPB to open rulemaking under the Equal Credit Opportunity Act (ECOA) to expand the definition of “credit” to include...more
Effective January 1, 2025, housing providers in New York City will need to think twice about how they use criminal background checks. Local Law No. 24, titled the Fair Chance Housing Act, limits the use of criminal background...more
The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more
Earlier this month, Ohio joined the growing number of states to legalize the recreational use of marijuana. The new law, which becomes effective December 7, 2023, allows adults aged 21 and older to (within certain...more
Texas Governor Greg Abbott has signed into law SB 7, which bans private employers of any size from imposing or enforcing COVID-19 vaccine mandates as a condition of employment. The law will take effect on February 6, 2024....more
In the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential...more
Recent Consumer Financial Protection Bureau ("CFPB") guidance reiterates that creditors must provide consumers with accurate and individualized explanations for adverse actions—a task made more difficult by the complexity of...more
On September 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued a Consumer Protection Circular, “Adverse Action Notification Requirements and the Proper Use of the CFPB’s Sample Forms Provided in Regulation B”...more
The Consumer Financial Protection Bureau recently issued guidance about the legal requirements that lenders must adhere to when using artificial intelligence and other complex models. The guidance sheds light on the kind...more
The CFPB has issued a Circular addressing adverse action notification requirements and the proper use of the CFPB's sample forms provided in Regulation B when using artificial intelligence (AI) and complex credit models, and...more
In May 2022, the CFPB issued Circular 2022-3 addressing Equal Credit Opportunity Act (ECOA) adverse action notice requirements in connection with credit decisions based on algorithms. The CFPB is now revisiting the issue in...more
The CFPB issued guidance for lenders on the use of artificial intelligence (AI) when determining whether or not to extend credit to consumers. The guidance clarifies that creditors relying on AI or other complex credit...more
On September 20th, the Consumer Financial Protection Bureau (“CFPB”) published guidance – Consumer Financial Protection Circular, 2023-03 – regarding the list of reasons that must be provided when an applicant is denied...more
A new FTC blog post titled “Tenant background check reports: Put it in writing” reminds landlords, property managers, and other housing providers of their obligation under the Fair Credit Reporting Act to provide notice of...more
On May 24, 2023, Governor Tim Walz signed into law omnibus legislation that includes an amendment to Minnesota’s labor law that protects employees’ right to discuss the employees’ own wages. This amendment further defines the...more
Adverse action notices, a perennial compliance issue, should not be neglected and, indeed, warrant closer scrutiny. The CFPB has long been interested in adverse action issues....more
A common question that arises in the insurance-regulatory context, including in the context of insurance scoring and modelling, is whether, and to what extent, the McCarran-Ferguson Act applies to the FCRA. The information...more
Pregnant workers are currently protected under various acts including Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act of 1993 (FMLA), and the Providing Urgent Maternal Protections for...more
Whistleblower claims of all types generally require proof of three elements; a complaint of conduct believed to be unlawful (protected activity), some form of discipline (an adverse action), and proof that the adverse action...more
On March 20, the CFPB published a final rule in the Federal Register to make non-substantive technical corrections and updates to Bureau and other federal agency contact information found within Regulations B, E, F, J, V, X,...more
The Supreme Court recently decided to take a closer look at the False Claim Act’s (FCA) Scienter Standard after two contentious Seventh Circuit case panel rulings. See U.S. ex rel Schutte v. SuperValu Inc., No. 21-1326, and...more
On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board...more
The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more
Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more