News & Analysis as of

Fair Credit Reporting Act (FCRA) Investigative Consumer Reporting Agencies Act (ICRAA)

McDermott Will & Emery

Background Checks: The Advent of the New California Employment Class Action

McDermott Will & Emery on

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Sheppard Mullin Richter & Hampton LLP

First Day on the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks

Employers began to rethink how they obtain authorization and retrieve background and credit checks for new employees after the Ninth Circuit’s decision in Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169, 1177...more

Manatt, Phelps & Phillips, LLP

Court Decertifies 6.5 Million Member Class in Background Check Suit

A California federal court decertified a class of millions of Walmart employees after concluding that the named plaintiffs lacked Article III standing to bring their challenge to the employer’s use of background checks....more

Womble Bond Dickinson

Delta Settles FCRA Class Action for $2.3 Million

Womble Bond Dickinson on

We have another multi-million dollar FCRA class action settlement on the books. In Schofield v. Delta Air Lines, Inc., No. 18-cv-00382-EMC, 2019 U.S. Dist. LEXIS 31535, at *1 (N.D. Cal. Feb. 27, 2019), the district court for...more

Greenberg Glusker LLP

Nothing More, Nothing Less: Ninth Circuit Limits the Acceptable Format of and Language in Background Check Disclosure Forms Given...

Greenberg Glusker LLP on

The federal Fair Credit Reporting Act (“FCRA”) prohibits employers from obtaining consumer reports (which may include credit reports, criminal and civil court records and judgments) on job applicants without appropriate...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Foley & Lardner LLP

“Stand-Alone” REALLY Does Mean Stand-Alone - Ninth Circuit Court of Appeals Interprets the FCRA

Foley & Lardner LLP on

On January 29, 2019, the U.S Court of Appeals for the Ninth Circuit (covering a number of states and territories bordering the Pacific Ocean) issued a far-reaching opinion that will likely impact the hiring process of...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

Nilan Johnson Lewis PA

Court Sheds More Light on Information That Can't Be in Background Check Disclosures

On January 29, the Ninth Circuit issued an important decision clarifying what can and can’t be included in the background check disclosures mandated by the Fair Credit Reporting Act (FCRA) and California’s Investigative...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

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

Second Verse, Same as the First: Ninth Circuit Weighs in Again on Background Check Disclosures, Raising the Compliance Bar Even...

The disclosure requirement of the federal Fair Credit Reporting Act (FCRA) remains one of the most contentious and expensive litigation areas for employers. The case law from various federal district courts has been a mixed...more

Seyfarth Shaw LLP

The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate...

Seyfarth Shaw LLP on

Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may...more

Ervin Cohen & Jessup LLP

Employer Alert: New Fair Credit Reporting Act Summary of Consumer Rights Form Required for Background Checks

Ervin Cohen & Jessup LLP on

Beginning September 21, 2018, employers must use the newly issued model Summary of Your Rights Under the Fair Credit Reporting Act form (or their own form based on the model) when providing the required written notice to an...more

Littler

New Background Check Requirements for California Transportation Network Companies

Littler on

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

Haight Brown & Bonesteel LLP

Uber Wins Another Round: Ninth Circuit Holds Arbitration Agreements With Drivers To Be Valid And Enforceable

In Mohamed v. Uber Technologies (9th Cir. 15-16178), published September 7, 2016, a three judge panel of the Ninth Circuit upheld Uber’s mandatory arbitration provisions in the contracts signed by its drivers. In its ruling,...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

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