A recent Rules and Regulations publication released by the Los Angeles Department of Public Works Bureau of Contract Administration will assist employers in Los Angeles with implementing the Los Angeles Fair Chance Initiative for Hiring Ordinance (Fair Chair…
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New FCRA Class Action Against UPS Shows Traditional FCRA Claims Alive and Well
Employers have been struggling to understand their responsibilities under the Fair Credit Reporting Act (FCRA) as plaintiffs change their focus from traditional background check compliance to targeting employers’ use of social media accounts and internet search…
New Child Care Background Check Bill Leaves More Questions Than Answers
Assembly Bill 2036 imposes additional restrictions on businesses providing online childcare job posting services in California and on background screening companies providing background checks to those businesses. The Bill amends existing law by imposing new duties on…
Federal Appeals Court Concludes that Employer Violates Fair Credit Reporting Act by Including Liability Waiver in Mandated Disclosure
The U.S. Court of Appeals for the Ninth Circuit recently ruled in Syed v. M-I, LLC that a prospective employer violated the Fair Credit Reporting Act (FCRA) when it obtained a job applicant’s consumer report after including a liability waiver in the required…
FCRA Suit Against Amazon Moves Forward
A judge has ruled that a Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court. Donovan Hargrett, who sought employment as a fulfillment associate in Florida, accused the online retailer of violating the FCRA by failing to…
Employer Commits Willful Violation of Fair Credit Reporting Act by Including Waiver in Statutorily Mandated Disclosure
In Syed v. M-I, LLC,the Ninth Circuit held that the Fair Credit and Reporting Act rights notice cannot be combined with any other notice or agreement. In determining that the violation was willful, the Court held that the “ordinary meaning of ‘solely’ is alone; singly…
California Further Limits Use of Criminal Background Information
California’s Fair Employment and Housing Council (FEHC) has finalized new regulations further limiting an employer’s ability to consider criminal history when making employment decisions. The regulations will take effect in July and follow the Equal Employment…
California Employers Are Subject to New Requirements When Using Criminal History Information
The release of the Equal Employment Opportunity Commission’s (EEOC) “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” outlines best practices for employers to follow…
Bare Statutory Violation of FCRA Fails to Satisfy Standing Requirements Post-Spokeo, Says District of New Jersey in Suit Over Michaels Employment Disclosures
The recent ruling in In re: Michaels Stores, Inc., Fair Credit Reporting Act (FCRA) Litigation confirms the significance of the Spokeo decision and also provides FCRA defendants with additional ammunition to use in fighting statutory violation claims where damages are…
Philadelphia the Latest to Restrict Employer Inquiries into Applicants’ Salary History
Beginning May 23, it will be unlawful for employers in Philadelphia to inquire into an applicant’s wage history during the hiring process. “Wages” include “all earnings of an employee,” such as “fringe benefits, wage supplements, or other compensation whether payable…