A former employee of Advantage Sales and Marketing LLC, Massachusetts, lost a law suit that she filed against the company for her termination after testing positive for marijuana. Even though the employee had a medical prescription for the drug, it was determined that…
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Drug Positivity in U.S. Workforce Rises to Highest Level in a Decade
Positive drug tests in the workforce have been on the rise over the past three years after years of declines. This 10-year high analyzed patterns of drug use among American workforce and has been published annually for more than 25 years. Read more
Courts Split on Standing Issues in FCRA Suits After Spokeo
On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with Fair Credit Reporting Act (FCRA) disclosure requirements. In Moody v….
New Background Check Requirements for California Transportation Network Companies
Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or an independent contractor. California…
Spokeo Nixes State Farm Credit Report Suit
A California federal judge recently dismissed a class action in which Bobby Dutta alleged State Farm did not provide him an opportunity to dispute findings on his credit report before denying him employment as an agent. The plaintiff could not prove that any harm had…
JPMorgan Job Seeker Loses FCRA Background Check Suit
A woman who recently lost a JPMorgan Chase Bank NA job offer due to the FBI’s fingerprint background check service also lost the Fair Credit Reporting Act class action because she failed to genuinely demonstrate the claim. The bank’s request was granted…
‘Overbroad’ $1M Deal For Job Seekers, Screening Co. Nixed
A class of job seekers and background check company S2Verify must go back to the drawing board over their proposed $1 million settlement to close a Fair Credit Reporting Act case because it is “overbroad,” a California federal judge said Monday. S2Verify, which…
Portland, Oregon, Issues Rules Implementing ‘Ban the Box’
In accordance with “Ban the Box” laws, Portland, Oregon, has issued an Ordinance that prohibits the use of background checks, criminal histories and self-disclosed information, when considering a new hire. Although certain employers are excluded, like…
Lyft Wins Background Check Class Action Claim
A judge in California dismissed a class action lawsuit by a driver against Lyft, Inc., after determining the employee could not demonstrate “concrete harm” as a result of the company’s background screening procedures. The ruling was similar to a…
Los Angeles Moves Toward Prohibiting Criminal Conviction Inquiry to Job Offer
The Los Angeles City Council’s Economic Development Committee recently joined the masses across the country by voting to eliminate the criminal history of a potential hire until after an initial job interview has been made. Those business located in the city…