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…
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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…
A Middle Name – or Lack Thereof – Triggers FCRA Liability
Background screening company LexisNexis recently was required to pay $375,000 in damages when a client was bought out by another company who used its services to screen current employees to determine hiring eligibility. LexisNexis failed to use the middle name of an…
Connecticut Becomes the Third Jurisdiction in 2016 to “Ban the Box”
Connecticut has joined Austin, Texas; Portland, Oregon; and New York City in prohibiting the request of criminal history information on an initial employment application. It is recommended that employers conduct a broader assessment of their pre-employment screening…
CA Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decision
Effective Jan. 1, 2017, the governor of California signed a bill in September that amends the state’s Labor Code to prohibit employers from considering some juvenile records for employment purposes, including arrests that did not result in conviction, a referral…


