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Hiring & Firing › Credit Reporting Agencies

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

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Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Troutman Pepper

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

Troutman Pepper on

Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more

Epstein Becker & Green

House Passes Bill Restricting Employer Credit Checks

Epstein Becker & Green on

On January 29, 2020, the House of Representatives passed the Comprehensive CREDIT Act of 2020 (the “Act”), which would change federal laws pertaining to consumer reporting agencies and credit checks in a number of ways....more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Farella Braun + Martel LLP on

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

Womble Bond Dickinson

Alabama District Court Examines Emotional Distress Damages under FCRA

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Courts across the country differ on what is required to prove emotional distress damages under the FCRA. The Eleventh Circuit has proven to be no exception. In Johnathan Rodriguez v. General Information Services, No....more

Carlton Fields

Financial Services Update: Week Ending January 11, 2019

Carlton Fields on

Financial Services Update - FCRA / Standing: concluding that plaintiffs had Article III standing in putative class action where they alleged that defendant violated the FCRA by "compiling their personal, private, and...more

Womble Bond Dickinson

No Double-Dipping Under FCRA

Womble Bond Dickinson on

In an oldie but goodie, an FTC blog from Feb 2017 warns employers who rely on credit checks not to double-dip.  In other words, if an employer requests a consumer report for one purpose, the employer should not then use the...more

Stinson LLP

Employers Must Update Summary of Rights Notice After FCRA Amendment

Stinson LLP on

Amendments affecting notice requirements under the Fair Credit Reporting Act (FCRA) went into effect on September 21, 2018. These amendments were part of the Economic Growth, Regulatory Relief, and Consumer Protection Act...more

Troutman Pepper

Employers Must Utilize New Fair Credit Reporting Act (FCRA) Summary Of Rights Form

Troutman Pepper on

Q: My company uses a third-party vendor to conduct background checks on prospective employees.  We heard there is a new model for the “A Summary of Your Rights Under the Fair Credit Reporting Act” notice.  Should we be using...more

Womble Bond Dickinson

The Tassel is Worth the Hassle: Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment...

Womble Bond Dickinson on

15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports. Section 1681c(a) provides that there are six categories of information that are generally...more

Littler

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

Littler on

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

Littler

FTC Releases Updated FCRA Guidance On Background Checks

Littler on

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

McGuireWoods LLP

Proposed Amendments to Fair Credit Reporting Act

McGuireWoods LLP on

Two new bills affecting credit reporting and the use of credit reports for employment purposes are working their way through Congress. If passed, the bills would amend the Fair Credit Reporting Act (FCRA). The first, The...more

Stoel Rives LLP

California Court Limits Defenses Available to Employers Requesting Employee Background Checks

Stoel Rives LLP on

Background checks can provide California employers with vital information concerning their employees. In order to protect individual privacy rights, however, the California legislature has created two separate laws governing...more

Littler

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Littler on

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

Dickinson Wright

New Law Provides Gaming Industry with Broader Background Investigation Powers

Dickinson Wright on

The Nevada Legislature has amended the state’s consumer reporting laws to remove restrictions on the information a credit reporting agency may report to gaming operators. With the passage of Senate Bill 409, a credit...more

Blank Rome LLP

New York City Law Restricts Employers' Use of Employee or Applicant Consumer Credit Checks

Blank Rome LLP on

Action Item: New York City employers should evaluate their application and employment policies to ensure compliance with a new law regarding the request and use of applicant and employee consumer credit history that will go...more

Patterson Belknap Webb & Tyler LLP

Credit Checks on the Chopping Block: NYC Restricts Credit Inquiries During Hiring

Patterson Belknap Webb & Tyler LLP on

Following a vote by the New York City Council on April 16 and a May 6 hearing held by Mayor Bill de Blasio, the Mayor yesterday signed a local law that limits the ability of employers in New York City to request...more

Mintz - Employment, Labor & Benefits...

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

Mintz - Employment, Labor & Benefits... on

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

Williams Mullen

Class Action Trends in Virginia: Employment Background Reports

Williams Mullen on

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases...more

Foley & Lardner LLP

Watch Your Back: The Growing Threat of FCRA Background Check Class Actions

Foley & Lardner LLP on

Class action suits against employers alleging a violation of the Fair Credit Reporting Act when using background checks performed by a credit reporting agency have more than tripled in 2014, with new cases continuing to be...more

Proskauer - Law and the Workplace

FCRA Preempts Tortious Interference Claim, Says NJ Court

Proskauer - Law and the Workplace on

The Fair Credit Reporting Act (FCRA)—a federal law that regulates the collection and use of “consumer information”—covers employers who solicit third-party vendors known as consumer reporting agencies (CRAs) to run background...more

Littler

Weathering the Sea Change in Fair Credit Reporting Act Litigation in 2014

Littler on

In 2013, the ballooning number of employment class actions illuminated the sea change in Fair Credit Reporting Act (FCRA) litigation. The FCRA was enacted in 1970 during President Nixon's administration, and is hardly in its...more

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