News & Analysis as of

Background Checks Fair Credit Reporting Act (FCRA) Consent

Mitratech Holdings, Inc

Common Background Screening Mistakes

Did you know that 94% of companies perform background checks? Of those, almost all are criminal record checks, fingerprinting, and verifications. But is that the right approach? And with so many people doing them, it should...more

Parker Poe Adams & Bernstein LLP

Employee Must Dispute Background Check Finding With Credit Agency, Not Employer

Under the federal Fair Credit Reporting Act (FCRA), applicants or employees undergoing background checks must be given notice of their rights prior to the check being run, and they must provide advance consent to the search....more

Sheppard Mullin Richter & Hampton LLP

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks

Albert Einstein believed “Everything should be made as simple as possible, but not simpler.” The Ninth Circuit seems to agree. In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29,...more

Foley & Lardner LLP

Background Checks? That is the Question

Foley & Lardner LLP on

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

Poyner Spruill LLP

Employers Should Assess Background Checking Procedures to Avoid Running Afoul of the Fair Credit Reporting Act

Poyner Spruill LLP on

There has been a recent uptick in class action litigation initiated by job applicants claiming that employers violated the Fair Credit Reporting Act (the FCRA) in the manner they procured and used consumer reports about the...more

Baker Donelson

Employment Background Checks: Tips Employers Should Know to Comply With Federal Laws

Baker Donelson on

Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more

Littler

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

Littler on

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

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