Although the Ohio House has proposed a bill that is intended to protect the privacy of employment applicants, the bill could make the hiring process more cumbersome for employers. House Bill 187 provides that no employer may request an applicant’s Social Security…
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Walmart Class Action Says Background Checks Violate Federal Law
Walmart is facing a class action lawsuit alleging that the company violates the Fair Credit Reporting Act by using unauthorized background checks. The lead plaintiff in the case argues that the business failed to provide adequate notice of the consumer report and did…
Texas Supreme Court Rejects Compelled Self-Publication Theory in Defamation Case
The Texas Supreme Court recently rejected the theory holding that an employee’s self-publication of defamatory statements cannot satisfy the publication element of a defamation claim. It further confirmed that there is no independent cause of action for compelled…
Postmates Courier Background Check Class Action Settlement
When Postmates failed to hire potential candidates based on background checks, the applicants argued the business was in violation of the federal Fair Credit Reporting Act. The plaintiffs claim the company did not provide a copy of background check results or the…
Ninth Circuit Holds that Plaintiff Adequately Alleged Article III Standing
The Ninth Circuit recently issued its decision on remand in Spokeo, reversing and remanding the case to the District Court. The Ninth Circuit issued its decision regarding whether the plaintiff had sufficiently pled a concrete injury required to establish Article III…
Barclays Accused of Illegal Screening of Job Applicants
According to a federal-court class action lawsuit filed by Outten & Golden LLP and Youth Represent, unlawful screening of job applicants at the Barclays Center, Brooklyn, violates federal and state law. Barclays Events Center does business as Barclays Center, Levy…
A New Study Shows Ban the Box Policies Are Working
The National Employment Law Project (NELP) notes that more than 150 cities in 28 states have adopted some version of Ban the Box laws, with similar laws expecting to be passed in additional cities and states. The goal of the law is to prevent employers from…
Salary History: To Ask or Not to Ask?
A recent Glassdoor survey has revealed that 53 percent of respondents believed employers should not ask applicants about their current or past compensation. While many states and cities have passed laws prohibiting such information from being requested, employers…
New Background Check Requirements Slow CCSD Hiring
New laws that are intended to keep child predators out of Nevada classrooms are taxing the Clark County School District’s human resources staff and extending the time it takes to make a job offer. According to the district’s top human service official, while the…
Nearly 2 in 5 Employers Have Lost a Job Candidate Because of a Poor Experience with Their Background Check Process, Finds New CareerBuilder Study
A recent CareerBuilder survey reported that more than a third of employers have lost a candidate because they had a negative experience with their background check. The national survey included representative samples of 2,369 full-time employees and 3,462 full-time…