News & Analysis as of

Fair Credit Reporting Act (FCRA) State Labor Laws

Seyfarth Shaw LLP

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

Seyfarth Shaw LLP on

In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more

Bass, Berry & Sims PLC

Navigating Tennessee Background Check Laws: A Guide for Employers

Bass, Berry & Sims PLC on

Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring...more

Proskauer - Law and the Workplace

Florida HR Considerations: Marijuana in the Workplace

First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....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

Jackson Lewis P.C.

New York Clean Slate Act Will Seal Certain Old Criminal Records, Affecting Employers’ Hiring Processes

Jackson Lewis P.C. on

New York has joined the growing number of states that have enacted “clean slate” legislation that will automatically seal certain criminal records. The new law will require employers to review any hiring processes related to...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

Fox Rothschild LLP

Illinois Employers Must Act to Comply With New Equitable Employment Laws

Fox Rothschild LLP on

Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

Proskauer - California Employment Law

January 2023 California Employment Law Notes

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Fox Rothschild LLP

Resource: Checklists And Compliance Tips For New York City Hospitality Employers

Fox Rothschild LLP on

New York City hospitality employers face a myriad of requirements under federal, state, and local laws. This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more

Littler

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

Littler on

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...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

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

Seyfarth Shaw LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

California Employers, Are You Ready To Be "Schooled"?

As Labor Day and "back to school" beckon, what new laws and trends are we seeing in California? Here are my picks: NATURAL HAIR MUST BE ALLOWED. A new California statute says natural hair styles must be allowed. So take a...more

Perkins Coie

Reminder of Steps Employers Must Take When Requesting Credit or Background Reports

Perkins Coie on

The federal Fair Credit Reporting Act (FCRA) applies to employers who obtain “consumer reports” from a “consumer reporting agency” for employment purposes. A “consumer report” is one that has information bearing on the...more

Jones Day

Ninth Circuit Holds State and FCRA-Mandated Disclosures Must Be Separate

Jones Day on

The Situation: The United States Court of Appeals for the Ninth Circuit considered whether an employer's consumer report disclosure form, which contained a combination of disclosures mandated by the Fair Credit Reporting Act...more

Foley & Lardner LLP

“Stand-Alone” REALLY Does Mean Stand-Alone and the Quest for Clarity

Foley & Lardner LLP on

Ninth Circuit Court of Appeals interprets the FCRA - On January 29, 2019, the Ninth Circuit Court of Appeals issued a far-reaching opinion that will likely impact the hiring process of prospective employers who conduct...more

Snell & Wilmer

Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check...

Snell & Wilmer on

On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a...more

Sheppard Mullin Richter & Hampton LLP

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks

Albert Einstein believed “Everything should be made as simple as possible, but not simpler.” The Ninth Circuit seems to agree. In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29,...more

Littler

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more

Stoel Rives - World of Employment

California Supreme Court Resolves Conflict Regarding California’s Background Check Laws

In Connor v. First Student, Inc., the California Supreme Court resolved a conflict in Court of Appeal decisions relating to the constitutionality of California’s background check laws....more

Seyfarth Shaw LLP

California Employers: Beware the Background Check Bugaboos

Seyfarth Shaw LLP on

Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. ...more

Payne & Fears

Brief Answers To Frequently Asked Employment- Related Questions

Payne & Fears on

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide