It is important to understand that, even for states without a drug testing statute, laws and case laws still impact the how, when and who of drug testing. Take California, for instance, where there is a mound of case law that has set legal precedence for workplace…
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Oregon House Votes to Protect Online Consumer Privacy
The Oregon House of Representatives overwhelmingly voted for House Bill 2090, which makes it an unlawful trade practice, enforceable by the Attorney General, if a company or a person uses, discloses, collects, maintains, deletes or disposes of consumer information in…
Job Seekers Slam Faulty Background Checks
Two federal lawsuits in Chicago accuse background check companies of costing job applicants work by sending prospective employers outdated and inaccurate background check reports. Ahmad Khalid alleges Backgroundchecks.com cost him a job because it reported sealed…
The City of Philadelphia Has Agreed to Stay the Enforcement of the Philadelphia Wage Equity Ordinance Pending Resolution of Court Challenge
Although the Philadelphia Wage Equity Ordinance has generated controversy, the City of Philadelphia has agreed to stay the enforcement. In April, the Chamber of Commerce of Greater Philadelphia filed a lawsuit in the United States District Court for the Eastern…
New York City Approves Pay History Ban
In April, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. Introduction 1253-A is similar to those bans in Massachusetts and the City of Philadelphia, along…
New Regulations Limit California Employers’ Consideration of Criminal History
The California Fair Employment and Housing Council (FEHC) has finalized new regulations on employer consideration of criminal history, largely adopting the guidance set forth by the Equal Employment Opportunity Commission (EEOC). The regulations include expanding the…
Kansas Federal Court Grants Partial Approval to Background Check Disclosure Class Action Settlement
In January, the United States District Court for the District of Kansas granted partial preliminary approval to the class settlement in Lengel v. HomeAdvisor, Inc., No. 15-2198-KHV. The plaintiff alleged that the company violated the Fair Credit Reporting Act (FCRA)…
Improper Form of Background Check Disclosure Not Sufficient Injury for Standing
Courts have been struggling to define the contours of standing in “no injury” ever since the Supreme Court decided Spokeo, Inc. v. Robins last year. The District of Minnesota recently granted a motion to dismiss a Fair Credit Reporting Act (FCRA) claim in which a…
Courts Approve $950,000 FCRA Class Action Settlement Against McDonald’s
In March, the United States District Court for the Central District of California granted final approval of a Fair Credit Reporting Act (FCRA) class action against McDonald’s. James Wesley Carter alleged that the fast-food restaurant violates rights of consumers by…
Court Rejects FCRA Background Check Settlement as Providing Insufficient Recovery for Class Members in Light of Ninth Circuit Ruling
This month, the U.S. District Court for the Northern District of California declined to preliminarily approve a class action settlement of the Fair Credit Reporting Act (FCRA) claim because the payment to class members was unreasonably low. In Lagos v. Leland Stanford…