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
In Luna v. Hansen and Adkins Auto Transport, Inc., the Ninth Circuit heard a “more novel” theory regarding FCRA’s standalone disclosure requirement, but affirmed the trial court’s grant of summary judgment in favor of the...more
Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more
Employers in Puerto Rico Precluded from Using Credit Reports or Credit History for Employment Actions - New Legislation Enacted - On October 8, 2019, the Governor of Puerto Rico signed into law Act No. 150 of October 8,...more
Seyfarth Synopsis: With limited exception, Puerto Rico has joined the growing list of states that preclude an employer or prospective employer from procuring an employee’s or applicant’s credit history and/or taking adverse...more
Employers must provide applicants and employees with separate federal and state Fair Credit Reporting Act (FCRA) disclosure forms, said the 9th Circuit in an important decision released last week. Combining any state...more
I recognize this is a lengthier blog than I normally post, but it’s necessary so I can help employers help themselves. The Ninth Circuit Court of Appeals issued an important opinion that is relevant not only to employers...more
The Puerto Rico Department of the Treasury has announced changes to tax reporting for certain severance payments. As a result of the Labor Transformation and Flexibility Act (Act 4-2017), adopted in 2017, certain limited...more
Part II: Offer Letters and Background Checks - In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (regarding advertising and interviewing for a...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
Applicant background reports can be vital tools for employers, especially in the hiring process. However, amendments to the Fair Credit Reporting Act (“FCRA”) significantly increase the rights of applicants and employees to...more
This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. Old news is that U.S. Citizenship and Immigration Services (USCIS) issued...more
On December 20, 2016, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016 (B21-0244) (the “Act”) which, if enacted, would amend the D.C. Human Rights Act of 1977 to prohibit employers...more
Seyfarth Synopsis: Effective July 7, 2016, employers in Philadelphia are prohibited from procuring or using an applicant’s or employee’s credit history for employment purposes. On June 7, 2016, Philadelphia Mayor...more
Effective July 7, 2016, a new City of Philadelphia ordinance will restrict the use of credit checks and credit-related information. With certain exemptions, the ordinance prohibits covered employers in Philadelphia from...more
Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair...more
On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more
On Tuesday, January 26, 2016, the D.C. Council held a joint public hearing on two employment-related bills. Both the video and audio recordings of the hearing are available on the D.C. Council’s website....more
Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more
On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more
As we previously reported, New York City recently passed a law prohibiting employers from requesting or using an individual’s credit history in making employment decisions. On September 3, 2015—the same day that the new law...more
As previously reported, on May 6, 2015, New York City Mayor Bill de Blasio signed the "Stop Credit Discrimination in Employment Act" (Act), which makes it unlawful for most employers to use an applicant's or employee's credit...more
Last week, the Stop Credit Discrimination in Employment Act became effective. It amended the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s...more
The Commission’s guide outlines narrow interpretation and recordkeeping requirements for employers seeking exemptions to the SCDEA, as well as guidance on enforcement and penalties for SCDEA violations....more
On September 3, 2015, the amendment to the New York City Human Rights Law (“NYCHRL”) prohibiting the use of credit checks in employment (“Credit Check Law”) became effective. On the same day, the New York City Commission on...more