New Jersey has promulgated its final ban-the-box regulations, clarifying the law passed on March 1, 2015, which severely restricted public and private employers with 15 or more employees from inquiring into an applicant’s criminal background at the beginning of the…
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EU-U.S. Privacy Shield Details Announced
The full text of the EU-U.S. Privacy Shield framework is now available. Privacy Shield wasdesigned by the U.S. Department of Commerce and European Commission to provide companies on both sides of the Atlantic with a mechanism to comply with EU data protection…
California Considers Criminal History in Employment Decisions
Continuing the nationwide crackdown on the use of criminal history as a factor in employment decisions, California’s Department of Fair Employment and Housing (DFEH) released proposed regulations for employers with new prohibitions on the practice. In addition…
California’s New E-Verify Law – Get it Right or Pay the Price
Under a new California law that took effect on January 1, 2016, California employers may face civil penalties of up to $10,000 for misusing E-Verify, the federal electronic employment verification system some employers use to verify employment eligibility of newly…
Important Guidance for Employers Conducting Internal Form I-9 Audits
All employers are required to complete a Form I-9, Employment Eligibility Verification to verify their new hires’ identity and employment eligibility. The Department of Homeland Security Immigration Customs and Enforcement (ICE) and the Department of Justice…
The Fissured Workplace, the I-9 Conundrum and the Gig Workforce
Millions of Americans are now involved in some form of sporadic, non-traditional related job, whether it is called freelancing, temping, ubering, etc. In some instances, these individuals are clearly in business for themselves. There are, however, an increasing number…
Don’t Get Lost in the Weeds: Medical Marijuana is Now Legal in New York
The Compassionate Care Act, which was signed into law in July 2014, legalizes and regulates the manufacture, sale and use of medical marijuana in New York. The Act sets forth specific conditions under which a patient may obtain medical marijuana. The Act provides that…
Wells Fargo, Bank of America Face Class Action Lawsuit Over Background Checks
Plaintiff Steve-Ann Muir alleges Wells Fargo violated FCRA by rescinding a job offer for a customer service position based on a false statement that was included in a background report furnished by First Advantage Background Services Corp. According to the FCRA class…
If Wells Fargo Bank, N.A. Obtained Your Consumer Report in Connection to a Job Application, you Could Receive Money from a Class Action Settlement
Wells Fargo will pay twelve million dollars related to allegations for obtaining consumer reports (background checks) in connection with job applications. Plaintiff Terrell Manuel applied for and was offered a job at Wells Fargo Bank, N.A. (Wells Fargo). At the time…
Dave & Buster’s Faces Class Action Lawsuit Over Background Checks
Dave & Buster’s has been hit with a proposed class action lawsuit that accuses the restaurant and arcade chain of deliberately disregarding the FCRA when it comes to hiring employees. Lead plaintiff Joseph Alvarez says he applied for a line cook position and…






