Racial discrimination complaints have been filed against Walmart by two African American warehouse workers who were working for several years in a Distribution Center before a temporary lay-off took place. Jobs at the facility were insourced from a third-party…
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Massachusetts Attorney General is Checking Whether Employment Applications Contain Prohibited Criminal History Questions
Nineteen businesses were recently cited by Attorney General Maura Healey for violation of the state’s ban-the-box law. A similar round of enforcement action took place in May 2018 that included the investigation of more than 70 Massachusetts employers and resulted in…
Colorado Legislature Passes Significant Equal Pay Bill, Including Salary History Ban and Job Posting Requirements
The Colorado General Assembly recently passed into legislation Senate Bill 19-085, the Equal Pay for Equal Work Act, which aims to strengthen the state’s pay equality requirements, prohibit employers from seeking salary history from job applicants and require…
Washington Adds Pay History Ban, Transparency Requirements
A year after enacting the 2018 Equal Pay and Opportunity Act, the legislature in Washington has passed HB 1696, which restricts pay history inquiries and enhances pay transparency requirements. The state will be the eighth to ban all public and private employers from…
Ruling Raises Important Considerations for Independent Contractor Background Screening
A decision by the Southern District of Iowa in Smith v. Mutual of Omaha Insurance Company has provided some hope for those seeking ways to defend against Fair Credit Reporting Act (FCRA) class action claims. The plaintiff in the case claimed he did not obtain a…
Ninth Circuit Weighs in on Calculating the FCRA’s Seven-Year Reporting Rule
The Ninth Circuit Court of Appeals recently weighed in on a Fair Credit Reporting Act (FCRA) case in which the plaintiff sued a consumer reporting agency (CRA) for issuing a tenant screening background check report on him that contained his criminal history, claiming…
Eleventh Circuit Affirms Dismissal of Attempted FCRA Class Action Against Furnisher of Consumer Information
The Eleventh Circuit recently dismissed putative class action suit Hunt v. JP Morgan Chase Bank, Nat’l Ass’n, holding that the bank had not violated its duties as a furnisher of consumer information when it reported that a customer’s account was past due even though a…
Maine and Cincinnati (Ohio) Join the Growing List of Jurisdictions Banning Salary History Inquiries
Maine and Cincinnati now prohibit employers from making salary history inquiries of potential employees. In Maine, “An Act Regarding Pay Equality” prohibits employers from using, inquiring about or confirming an applicant’s compensation history until after an offer of…
US Workers Are Failing Drug Tests at an Incredible Rate – But Legal Weed Has the Future of These Screenings in Doubt
Although experts are predicting drug testing won’t entirely disappear due to the increased legalization of marijuana, they have said that the scope and type of testing should change. A recent report by Quest Diagnostics revealed that the number of United States…
Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights
As part of the full legalization of recreational marijuana, House Bill 0902 creates the Cannabis Legalization Equity Act, which provides details on the possession, consumption, use, display, purchasing, transportation and growth of cannabis, both on one’s own premises…








