News & Analysis as of

Criminal Background Checks Hiring & Firing Disclosure Requirements

Proskauer - Law and the Workplace

New York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks

On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect.  The Act provides for the automatic sealing of certain criminal convictions after a specified time period.  It will also require greater...more

Fisher Phillips

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...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

Fisher Phillips

Sometimes Less Is More: Background Check Disclosures Can Go Too Far and Lead to FCRA Violations

Fisher Phillips on

Under federal law, an employer that conducts a background check for an applicant or employee must first provide written notice, also known as a disclosure, to that individual – but recent court decisions demonstrate how...more

Morgan Lewis

Illinois Amends Antidiscrimination, Pay Equity, and Business Disclosure Laws

Morgan Lewis on

Illinois Governor J.B. Pritzker signed Senate Bill 1480 into law on March 23, effective immediately. The new law limits employers’ use of conviction records in making employment decisions, requires broad workplace demographic...more

Akerman LLP - HR Defense

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought...more

Littler

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

Littler on

On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal...more

Littler

Ninth Circuit Holds Employers May Provide a Standalone Background Check Disclosure Concurrently With Other Documents

Littler on

On April 24, 2020, the Ninth Circuit held that the Fair Credit Reporting Act (FCRA) permits an employer to provide job applicants with a background check disclosure document at the same time the employer provides job...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

Seyfarth Shaw LLP on

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

Littler

Ninth Circuit Reinforces Prohibition Against “Extraneous” Information In Background Check Disclosures

Littler on

On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act...more

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

UK Supreme Court Delivers Blow to Criminal Record Disclosure System

The UK government has lost its case defending the multiple convictions rule, which requires an individual to disclose all spent convictions if he or she has two or more such convictions. Generally, a conviction becomes...more

Mintz - Employment Viewpoints

Separate Federal and State Background Check Disclosure Forms Are Required in California, Says 9th Circuit Court of Appeals

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

Arnall Golden Gregory LLP

Employment Background Screening–Compliance with the FCRA

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

Littler

The Ninth Circuit Adopts an Expansive Reading of the FCRA’s Provision Governing Background Check Disclosures

Littler on

Almost two years ago to the day, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. ...more

Bowditch & Dewey

New Employer Restrictions on Criminal History Requests

Bowditch & Dewey on

New restrictions on employer requests for applicant criminal record information during the hiring process take effect in Massachusetts on October 13, 2018, and all employers are encouraged to review their employment...more

Lowndes

Background Checks: Fair Credit Reporting Act Compliance

Lowndes on

Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more

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

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Robinson+Cole Data Privacy + Security Insider

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more

Smith Anderson

“Ban-the-Box” and Other Laws Limiting an Employer’s Use of Criminal History

Smith Anderson on

Employers face an increasing number of laws that limit when an employer may ask for and use an applicant's criminal history. "Ban the Box" laws prohibit questions about criminal history on the initial application. In...more

Proskauer - Law and the Workplace

NYC Commission on Human Rights Explains New NYC Background Check Laws

We were pleased to host a program on September 28, 2015 on New York City’s two new background check laws, the Stop Credit Discrimination in Employment Act and the Fair Chance Act. Paul Keefe, Supervising Attorney at the NYC...more

Baker Donelson

FCRA Class Action Suits on the Rise

Baker Donelson on

It is a common practice for employers to check criminal backgrounds or credit ratings of potential, and sometimes current, employees. Background checks that provide this type of information are helpful to employers when...more

Hinshaw & Culbertson LLP

That's A Lotta Cheddar: Pizza Chain Pays Big to End Background Check Case

The parent company of Chuck E. Cheese's restaurants, CEC Entertainment, Inc., has agreed to pay $1.75M to settle a class action lawsuit in California brought by applicants who claimed the company provided improper background...more

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