In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State Human Rights Law (NYSHRL) is limited to a party’s employer and if so, can the coverage extend to other related entities? In…
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Justices Weighs Whether Negligent Hiring Claim Against Pizza Hut
The Indiana Supreme Court recently considered whether the plaintiff in a wrongful death case can bring employment-based claims against an employer if the employer has admitted the employee involved in the death was acting in the scope of their employment. Pizza Hut…
FTC Issues ‘Advice’ on Background Check Disclosure and Authorization Forms
The Fair Credit Reporting Act’s (FCRA) hyper-technical disclosure and authorization requirements are competing with compliance of criminal background check laws as a source of litigation risk for employers. The Federal Trade Commission (FTC) recently released the…
Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian
The Fourth Circuit Court of Appeals recently vacated a $12 million judgment against Experian Information Solutions, Inc.. The class action alleges violations of the Fair Credit Reporting Act (FCRA), claiming the plaintiff lacked constitutional standing because he did…
Court Certifies Three Classes in Action Challenging WMATA’s Criminal Background Check Policy
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…
Arkansas Legislature Adds Employer Protections to Medical Marijuana Law
Arkansas has passed a constitutional amendment that establishes a medical marijuana program, which includes sections that clarify when an employer can take an adverse employment action against an employee who is a medical marijuana user. Some sections place limits on…
New York City Mayor Signs Pay Equity Law – Impact on Employment Background Checks
New York City has joined Massachusetts and Philadelphia in prohibiting employers from inquiring about a prospective employee’s salary history during the hiring process. Mayor Bill de Blasio signed the new law in May, which will take effect Oct. 31 and applies to…
When ICE Comes Knocking at Your Company’s Door
Ashley Kaplan, Senior Employment Law Attorney at ComplyRight, recently shared some tips for companies who wish to ensure they are compliant with Immigration and Customs Enforcement (ICE). Any company could be subject to a surprise audit, but those in sanctuary city or…
Safe-Harbor Procedures for Employers Who Receive a No Match Letter
Amended regulations of the U.S. Immigration and Customs Enforcement describe the legal obligations of an employer under current immigration law when the employer received a no-match letter from the Social Security Administration or receives a letter regarding…
Massachusetts Supreme Judicial Court Considers Employees’ Use of Medical Marijuana
The Massachusetts Supreme Judicial Court (SJC) recently heard oral arguments in a case that asks whether employers can be required to make accommodations for employees’ off-duty use of medical marijuana. The state passed a measure decriminalizing marijuana for…