According to court records, the former operators of Sag Harbor’s 7-Eleven who also controlled 14 7-Elevens stores in Long Island and Virginia provided their employees with more than 20 identities stolen from United States citizens, housed those employees at…
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What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers?
On November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of marijuana. Oregon’s law becomes effective in July 2015; Alaska’s…
Admissions of Drug Use By Employees Are Not The Same As Positive Test Results in Minnesota
A common occurrence when employees are confronted with a requirement to take a drug test: they often confess. Sometimes they suggest that the employer need not bother with the test because they know they will test positive. Under the Minnesota Drug and Alcohol Testing…
Fair Credit Reporting Act (FCRA) Preempts Tortious Interference Claim, Says NJ Court
The Fair Credit Reporting Act specifically contains a provision that bars state law claims against employers who “furnish information” to CRAs. In a recent decision-Saget v. Wells Fargo Bank, N.A., No. 2:13-03544(WJM), 2014 WL 4494801 (D.N.J. Sept. 10,…
NH Legislature Restricts Employer Access to Employee’s Personal Social Media
The New Hampshire Legislature passedHB 1407 which will prohib it employers from obtaining an employee’s personal social media account user name and password. The bill passed both the House and the Senate. The governor is expected to sign it into law. This bill…
Publix to Pay $6.8 Million in Class Action Settlement
Publix Super Markets Inc. is scheduled to pay nearly $6.8 million in a class-action lawsuit settlement over background checks. The lawsuit, being handled in Tennessee federal court, alleges that Publix violated the Fair Credit Reporting Act (FCRA) by not making…
Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the Pennsylvania Criminal History Record Information Act
InMcCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did not violate the Pennsylvania Criminal History…
How Do Global Businesses Know When EU Data Protection Law Applies to Them?
At the heart of EU data protection law is the passionate belief in the right to privacy. Indeed, the Treaty of Lisbon has now recognised both privacy and data protection as fundamental rights under EU law. Yet, like any other law, it must be clear when and where EU…
Fraud Experts Offer Advice on Preventing Fraud When Hiring Seasonal Staff!
With seasonal hiring in the U.S. expected to be at its highest level in years, fraud experts warn that companies that loosen their usual processes in order to add staff quickly put themselves at increased risk to fraud. According to the Association of Certified Fraud…
The FCRA is the new FLSA
Recent multi-million dollar settlements highlight the importance for employers of complying with the Fair Credit Reporting Act (FCRA) and highlight that, when it comes to class action lawsuits in the employment-law context, the FCRA is the new FLSA (Fair Labor…