News & Analysis as of

Background Checks

Massachusetts Adjusts Limits On Employer Inquiries Into Job Applicants’ Criminal History

by Jackson Lewis P.C. on

A provision in the Massachusetts criminal justice reform law signed by Governor Charlie Baker amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history...more

The Truth Brings Relief Under FCRA

by Balch & Bingham LLP on

In Ratliff v. A&R Logistics, Inc., the plaintiff claimed A&R denied him a job based on a background check without the appropriate adverse action process. Under the Fair Credit Reporting Act (FCRA), notice pre- and...more

The New York Note - March 2018 #4

by Cozen O'Connor on

This Week in New York – NYC Employee Background Checks, School Overcrowding, Legislation in the News, and a New Cybersecurity Initiative - NYC Employee Background Check Backlog - This week the City Council concluded its...more

Michigan Bans the Ban: New Law Stops Local Government Regulations on Employer Inquiries

On March 26, 2018, Governor Rick Snyder signed an amendment to Michigan’s Local Government Labor Regulatory Limitation Act into law. Public Act 84 (2018) prohibits local government bodies from adopting or enforcing any local...more

Washington Ban-The-Box Law Limits Criminal Background Inquiries

by Jackson Lewis P.C. on

Effective June 6, 2018, Washington will be the next state to implement “ban the box” legislation restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application...more

Under The Dome: Inside The Maine State House

by Pierce Atwood LLP on

Legislative Council Considers After-Deadline Bill Requests on School Safety, Gun Control - The Legislative Council met on February 27 to consider after-deadline bill requests, including several on school safety and gun...more

Employers Prevail in FCRA Class Actions

by Littler on

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

Gold Dome Report - February 2018 #14

Completing their last convening before Crossover Day on Wednesday, the House and Senate dispensed with long calendars today. Although the House considered 24 measures and the Senate considered 29, the mood under the Gold Dome...more

Employment Law - February 2018 #2

In Massachusetts, ‘Wages’ Don’t Include Sick Time - Why it matters - Accrued, unused sick time does not count as “wages” under state law, Massachusetts’ highest court has determined in a matter of first impression. A...more

Handling Federal, NY State And NYC Background Check Laws

Employers often seek background information about applicants and employees as part of standard due diligence during the hiring process or in connection with other employment decisions. The Fair Credit Reporting Act serves as...more

Georgia General Assembly Considering New Background Check Legislation

by Arnall Golden Gregory LLP on

The Georgia General Assembly is considering new legislation that would implement a comprehensive program of national fingerprint background checks for Georgia long-term care facilities. If passed, Senate Bill 406, the...more

Our Nominees for the Top 20 California Employment Law Risks

by Davis Wright Tremaine LLP on

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

Supreme Court Says No More Spokeo: Portents for Other Standing Cases?

by Carlton Fields on

Earlier this week, the Supreme Court denied a petition for writ of certiorari in Spokeo II. As we previously reported, Spokeo II asked the Court to determine, in light of conflicting circuit court decisions, whether...more

U.S. Supreme Court Rejects Second Bid for Review in Spokeo

by Ballard Spahr LLP on

The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more

Spokeo v. Robins: The U.S. Supreme Court Declines An Encore Performance

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In deciding to deny certiorari to review Spokeo, Inc. v. Robins, No. 17-806 (U.S. 2017), the U.S. Supreme Court has declined to reconsider the standing principles it announced in its landmark 2016 Spokeo...more

Spokeo Seeks Supreme Court Round II

by Carlton Fields on

The Spokeo standing saga, which began in 2010, continues with a second cert petition to the Supreme Court. The case began when plaintiff filed a putative class action, alleging that defendant Spokeo violated the Fair Credit...more

UPDATE: Ohio’s Tenth District Follows Federal Precedent Finding No Standing for Technical Violations of the FCRA’s Disclosure...

by Reminger Co., LPA on

In December 2017, Ohio’s Tenth District Court of Appeals upheld a Court of Claims decision dismissing FCRA claims for lack of standing. See Smith v. Ohio State Univ., 10th Dist. Franklin No. 17AP-218, 2017-Ohio-8836. This is...more

A Legislative Landslide- Christie Signs Dozens of Bills on His Final Day

Now former New Jersey Governor Chris Christie spared no expense on ink his last day in office when he signed over fifty bills into law covering a wide array of topics with far reaching impact on the state. Of equal importance...more

[Podcast]: Laws Governing Background Checks for Employers

In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair...more

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

New Jersey Ban-The-Box Law Limits Inquiries Into Job Applicants’ Expunged Criminal Records

by Jackson Lewis P.C. on

New Jersey has amended its “ban-the-box” law to prohibit inquiries into a job applicant’s expunged criminal record during the initial employment application process. The New Jersey Opportunity to Compete Act (commonly...more

Defence + Indemnity: December 2017 - II. Liability Issues B.

by Field Law on

II. LIABILITY ISSUES - B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a...more

Alert: California’s Statewide “Ban the Box” Law Goes Into Effect January 1

by Cooley LLP on

Effective January 1, 2018, California joins a number of other states and major cities in prohibiting private employers from making pre-offer inquiries regarding an applicant's criminal history (so-called "ban the box" laws)....more

New Year, New Laws: 2018 California Employment Roundup

by Vedder Price on

California employers will be ringing in the new year with additional and expanded legal obligations. Laws taking effect January 1 include: - California “Bans the Box” – Employers with five or more employees will be...more

In the Continuing Battle Over Standing, Fair Credit Reporting Act Class Action Plaintiffs Must Show Actual Injury For Failure to...

by Akerman LLP - HR Defense on

Employers who run background checks on prospective employees take note – applicants who sue prospective employers for Fair Credit Reporting Act violations for failure to provide notice in a stand-alone format may not be able...more

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