Philadelphia Federal Judge Mitchell S. Goldberg recently held that the portion of the city’s salary history ordinance that prohibits an employer from inquiring about a prospective employee’s wage history is unconstitutional because it violates the First Amendment’s…
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Former Employees Hit Naples Hotel Group with FCRA Class Action Over Background Checks
A putative Fair Credit Reporting Act (FCRA) class action, filed Feb. 13 in the Ninth Judicial Circuit Court in Orange County, Fla., has been removed by Naples Hotel Group LLC. The lawsuit alleges that Naples “improperly obtained and used consumer reports about…
Bank Moves to Dismiss Background Screening Class Action Complaint Based on Federal Preemption Argument
In March, PNC Financial Services Group, Inc., moved to dismiss a class action complaint filed by Damian McCoy in the Western District of Pennsylvania. The individual sued the business after his conditional employment offer was revoked when a 2011 arrest was…
“Ban the Box” Legislation Expands – What Should Employers Do?
With “Ban the Box” laws continuing to expand, many states are beginning to consider whether they should be asking questions about arrest and conviction record as part of the normal application process. Ban the Box was implemented to allow those with criminal…
California Proposes New Liability Regime for Companies That Deal in Credit Reports
California’s Assembly Bill 1859 (AB 1859) aims to impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies. Under the new law, agencies and their contractors would be “required to expediently…
FDIC Announces Electronic Fingerprinting Requirement for Background Checks Conducted in Conjunction with Applications and Notices
The Federal Deposit Insurance Corporation (FDIC) recently announced that it will require electronic fingerprinting in order to conduct more efficient and effective background checks when reviewing various applications and notices for FDIC-insured and proposed insured…
Another Change to Massachusetts Ban-The-Box Law
Massachusetts employers soon will no longer be permitted to inquire about convictions and sealed or expunged records for employment purposes. About 10 years ago, the state became the second to enact a “ban-the-box” law and on Oct. 13, a criminal justice reform bill,…
Background Check Law for Nursing Home Owners Creates Questions
Nursing home owners in the state of Georgia now are subject to the same requirements as frontline caregivers and other employees who interact with residents. Beginning Oct. 1, 2019, employees, owners and administrators will be required to undergo fingerprint…
Workers with Criminal Records
A new study commissioned by the Society for Human Resource Management (SHRM) and the Charles Koch Institute (CKI) revealed that about two-thirds of human resource professionals are open to hiring or have hired applicants with criminal histories. Employers who choose…
News 5 Investigates: HomeAdvisor Faces Lawsuit Over Screening Process for Contractors
HomeAdvisor has been found by New 5 Investigates to be falling short of its promise to only recommend prescreened contractors. Homeowners across the country have shared that the company is recommending unlicensed cons. The lawsuit claims that HomeAdvisor’s ads are…