Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead - The role of independent contractor owner-operators (ICOOs) in the trucking industry has a long...more
Trying to find the best background check for employers? That magical screening tool that will keep your organization and your workers safe? You’re not alone....more
The United States Supreme Court declined Visa and Mastercard’s petition for certiorari on Monday, thereby deepening a split between the circuit courts regarding the predominance standard for class certification. The National...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only...more
As of January 1, 2024, a Rhode Island law prohibits landlords, rental agents, and property managers from charging application fees in connection with tenant rental applications. Application fees include credit checks,...more
In September 2022, the Federal Trade Commission announced that it had taken action against credit services company Credit Karma for allegedly deploying dark patterns to misrepresent that consumers were “pre-approved” for...more
On April 5, 2021, the Eleventh Circuit reversed a district court’s denial of a defendant’s motion to compel arbitration in a Fair Credit Reporting Act (“FCRA”) lawsuit arising from a former Comcast customer’s re-application...more
On Wednesday, February 17, SF252, a bill relating to how landlords treat sources of income in their tenant and applicant decisions, passed the Senate. The bill now moves on to the House....more
On 2 February 2021, the Financial Conduct Authority (the FCA) published a report on the U.K. unsecured credit market (the Woolard Report), which makes several recommendations designed to generate alternatives to high-cost...more
Seyfarth Synopsis: On January 20, 2021, Philadelphia Mayor Jim Kenney signed three bills amending the city’s ordinances regulating employer use of criminal and credit history in employment screening. All employers with...more
On January 20, 2021, Mayor Jim Kenney signed legislation amending the Philadelphia Fair Practices Ordinance, which prohibits covered employers from procuring, considering, or otherwise using a job applicant’s or employee’s...more
An amendment to the City of Philadelphia’s ordinance that restricts the use of credit checks and credit-related information in the hiring, promotion, discipline, or discharge process adds law enforcement agencies and...more
On January 29, 2020, the House of Representatives passed the Comprehensive CREDIT Act of 2020 (the “Act”), which would change federal laws pertaining to consumer reporting agencies and credit checks in a number of ways....more
Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more
New federal restrictions on hiring practices could be around the corner. Last month, the U.S. House Committee on Financial Services passed a bill titled “Restricting the Use of Credit Checks for Employment Decisions Act”...more
California state and local legislation has made the employment application and interview process nearly as nerve-wracking for employers as it is for prospective candidates. From salary history to criminal history, topics once...more
The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more
Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not...more
Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more
The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more
1: Accommodation in the Workplace - OVERVIEW - Employers have a duty to accommodate employees’ needs based on those grounds protected under federal and provincial human rights legislation. All employers are required...more
Credit information is often one component of a comprehensive employment background check. As we have previously reported, employers utilizing background checks performed by a credit reporting agency are subject to a number of...more
On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported, the Act amends the D.C. Human Rights Act to...more
What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more
On February 15, 2017, Washington, D.C., Mayor Muriel Bowser signed into law the District of Columbia’s Fair Credit in Employment Amendment Act of 2016 (FCEAA). This Act, which amends the District’s Human Rights Act of 1977,...more