News & Analysis as of

Criminal Background Checks Fair Credit Reporting Act (FCRA)

Woods Rogers

A Guide to Running Background Checks: What's the Tea in L&E?

Woods Rogers on

In our latest episode, Anne Bibeau, co-chair of the Labor & Employment practice, joins host Leah Stiegler to explore best practices for navigating hiring individuals with criminal backgrounds. Leah and Anne share insights on...more

Benesch

InterConnect Newsletter - Q1 2025

Benesch on

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

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

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Mitratech Holdings, Inc

10 Questions to Ask Background Check Vendors

Mitratech Holdings, Inc on

Background checks are vital in ensuring you make informed decisions about candidates. However, selecting the right background check vendor can be daunting given the myriad of options available. Choosing wisely not only...more

Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

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

Troutman Pepper Locke

Can You Legally Get Criminal Background Checks on Independent Contractors?

Troutman Pepper Locke on

Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent...more

Goldberg Segalla

New York State Employment Law Update (Part 1)

Goldberg Segalla on

New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more

Akerman LLP - HR Defense

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

Akerman LLP - HR Defense on

A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

Seyfarth Shaw LLP on

For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

Venable LLP

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Venable LLP on

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Perkins Coie

Chicago Releases New, Expanded Requirements for Criminal History Screening

Perkins Coie on

The city of Chicago published an amended ban-the-box ordinance on April 24, 2023, that further restricts employers’ use of criminal records for job-screening purposes. Effective immediately, the city’s new ordinance requires...more

Dinsmore & Shohl LLP

CFPB Releases New Required Form for Use in Employee Background Check Process

Dinsmore & Shohl LLP on

The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more

Perkins Coie

CFPB Requests Information About Data Brokers for Planned Rulemaking

Perkins Coie on

The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned...more

Littler

Reports About the Wholesale Demise of Claims Against Employers Under the Fair Credit Reporting Act (FCRA) are Premature

Littler on

The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more

Jackson Lewis P.C.

Developments in Employee Screening for Real Estate Industry

Jackson Lewis P.C. on

The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more

Jackson Lewis P.C.

Miya’s Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

Jackson Lewis P.C. on

Florida’s new Miya’s Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as “nontransient” or “transient.”...more

Shutts & Bowen LLP

Florida’s New Law Mandates Employee Background Checks to Protect Tenants in Response to Tragedy

Shutts & Bowen LLP on

On June 27, 2022, Governor Ron DeSantis signed “Miya’s Law” (SB 898) into law which is designed to increase safety for residential tenants and significantly impacts the duties of Florida landlords and property managers....more

Akerman LLP - HR Defense

Checking Applicant Backgrounds? Be Careful!

Background checks are a great idea—unless you fail to do them correctly. Mistakes can be costly. One online retailer paid $5 million to settle a class action filed by 454,000 job applicants alleging violations of the Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Latest in Multi-Jurisdictional Background Check Compliance

Conducting criminal background checks on job candidates is a common practice for employers but one that raises a host of compliance concerns amid a series of federal, state, and local laws and regulations governing how and...more

Fisher Phillips

Federal Appeals Court Sides with Employer in Job Applicant’s Background Check Suit: 3 Steps to Avoid Similar Claims

Fisher Phillips on

A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more

Bradley Arant Boult Cummings LLP

Is the Past Really Past? Tips for Employers on Background Checks

In the quest to hire the best employees, employers often look at an employee’s past — past jobs, credit history, and criminal history. If you are conducting  background checks, you know you have to comply with the Fair Credit...more

Burr & Forman

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Burr & Forman on

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the...more

Fisher Phillips

Avoiding Hidden Hiring Landmines: 4-Step FCRA Compliance Plan for Handling Pre-Adverse Action Notices

Fisher Phillips on

Background check reports are an important – and in many cases essential – tool in making informed and responsible employment decisions. Gathering and using this information, however, carries legal obligations and...more

Littler

The Rest of the Story (for Now): Employer Prevails in FCRA Class Action Alleging “Stand-Alone” Disclosure Violation

Littler on

As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures....more

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