News & Analysis as of

Background Checks

[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

2018 Legislative Update for California Employers

by Conn Maciel Carey LLP on

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...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

The 12 days of Christmas – California Labor & Employment Edition – Day 1 "Ban the Box"

by Hinshaw & Culbertson LLP on

It’s the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next “12 days of...more

Supreme Court Will Not Hear Ninth Circuit Decision Regarding Willful Violations Of FCRA’s Disclosure Provision

by Jackson Lewis P.C. on

On November 13, 2017, the U.S. Supreme Court declined to hear the appeal of one of 2017’s more significant Fair Credit Reporting Act (FCRA) opinions, Syed v. M-I, LLC. (9th Cir. Jan. 20, 2017). In Syed, the Ninth Circuit...more

The Bubbler: Holiday Edition

As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on...more

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto...more

California Law Restricts Employer’s Consideration of Job Applicants’ Criminal History

by Perkins Coie on

Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more

California Adopts State-Wide Restrictions on Criminal History Inquiries for Job Applicants

by Davis Wright Tremaine LLP on

Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more

Employment Law Reporter November 2017: California’s New Ban the Box Law

by Ervin Cohen & Jessup LLP on

Beginning January 1, 2018, Assembly Bill 1008 (AB 1008) will prohibit employers with five or more employees from inquiring about criminal history on an employment application or before making a conditional employment offer,...more

California “Ban-the-Box” Law Significantly Limits Employers’ Ability to Obtain and Use Information About Criminal Convictions in...

Just six months after California modified its regulations concerning past criminal convictions for applicants, California has taken the additional step of modifying the Fair Employment and Housing Act (“FEHA”) to expressly...more

No Fingerprinting as a Religious Accommodation? Yes, Says Court

by Shipman & Goodwin LLP on

You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to...more

California Federal Court Strikes Down FCRA Claim

by Foley & Lardner LLP on

Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of...more

NYC Ban on Salary History Inquiries

by Goodwin on

Effective October 31, 2017, under a new provision of the New York City Human Rights Law (NYCHRL), New York City employers may no longer inquire about an applicant’s salary history during the hiring process or rely upon his or...more

Employer-Mandated Fingerprinting May be Religious Discrimination

Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of...more

California Enacts “Ban the Box” Legislation

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018. Known as the “Ban the Box” legislation, in reference to the box applicants are...more

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more

Robins v. Spokeo, Inc.: Ninth Circuit Holds That A Materially Inaccurate Report Is A Concrete Injury Even If The Inaccuracy Did...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to...more

To Disclose or Not to Disclose, That is the Question

by Poyner Spruill LLP on

The use of criminal background checks is becoming more prevalent as a form of credentialing for both individual and institutional health care providers seeking licensure, certification or the benefits of other government...more

California Bans the Box: Employers Must Review and Update Background Screening Processes

by Bryan Cave on

Recently, on October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008 (“AB 1008”), which adds Government Code Section 12952 into state law. Among other things, this new provision makes it an unlawful employment...more

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