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Seyfarth Shaw LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

Critical Considerations for Compliance with the FCRA

These days, companies conducting background checks on job applicants have a lot to think about. Most companies are aware of the Fair Credit Reporting Act (FCRA) and FCRA’s various state analogs. FCRA, one of a number of...more

McGuireWoods LLP

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

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On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

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

Connecticut’s Pay Equity Law Prohibits Salary History Inquiries

As of January 1, 2019, Connecticut employers are prohibited from inquiring about prospective employees’ wage or salary histories. Connecticut’s new pay equity law is intended to promote equality in pay and close the wage gap....more

Fisher Phillips

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

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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

Littler

Federal District Court Holds Employer to its Promise in FCRA “Pre-Adverse Action” Notice

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The U.S. District Court for the Eastern District of Wisconsin recently held that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information...more

Baker Donelson

Courts to Employers: Get Your Background Searches in Order

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Over the last few years, employers are facing a new type of class action claim – improper disclosure and authorization for background searches during the hiring process. Some courts have found violations are "willful,"...more

Littler

Ninth Circuit is the First Appellate Court to Rule on “Extraneous Text” in a FCRA Background Check Disclosure

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On January 20, 2017, 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. In Syed v. M-I, the...more

Littler

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

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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

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

Connecticut Passes Ban-the-Box Legislation

On June 1, 2016, Connecticut Governor Dannel P. Malloy signed into law a “ban-the-box” statute, which will take effect on January 1, 2017. The law, “An Act Concerning Fair Chance Employment,” Public Act No. 16-83, prohibits...more

Littler

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

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On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

Foley & Lardner LLP

Wisconsin Employers Targeted for Technical Violations of the Fair Credit Reporting Act

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Within the past year, one Wisconsin resident has filed several class-action lawsuits against Wisconsin employers. In each case, the resident claimed that the targeted employers were using improper disclosures in employment...more

Zelle  LLP

Is That Recruiting Technology Compliant?

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There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm....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

Nossaman LLP

Did You Know…San Francisco “Bans The Box”: Are Your Job Applications Up To Snuff?

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San Francisco recently “banned the box” by adopting the Fair Chance Ordinance, which prohibits the popular criminal history check box on employment applications. Last year, the California Legislature passed Senate Bill 530...more

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