The Ninth Circuit Court of Appeals recently weighed in on a Fair Credit Reporting Act (FCRA) case in which the plaintiff sued a consumer reporting agency (CRA) for issuing a tenant screening background check report on him that contained his criminal history, claiming…
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Eleventh Circuit Affirms Dismissal of Attempted FCRA Class Action Against Furnisher of Consumer Information
The Eleventh Circuit recently dismissed putative class action suit Hunt v. JP Morgan Chase Bank, Nat’l Ass’n, holding that the bank had not violated its duties as a furnisher of consumer information when it reported that a customer’s account was past due even though a…
Maine and Cincinnati (Ohio) Join the Growing List of Jurisdictions Banning Salary History Inquiries
Maine and Cincinnati now prohibit employers from making salary history inquiries of potential employees. In Maine, “An Act Regarding Pay Equality” prohibits employers from using, inquiring about or confirming an applicant’s compensation history until after an offer of…
US Workers Are Failing Drug Tests at an Incredible Rate – But Legal Weed Has the Future of These Screenings in Doubt
Although experts are predicting drug testing won’t entirely disappear due to the increased legalization of marijuana, they have said that the scope and type of testing should change. A recent report by Quest Diagnostics revealed that the number of United States…
Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights
As part of the full legalization of recreational marijuana, House Bill 0902 creates the Cannabis Legalization Equity Act, which provides details on the possession, consumption, use, display, purchasing, transportation and growth of cannabis, both on one’s own premises…
GDPR: What Impact Has It Really Made During Its First Year?
As we come up on the one-year mark of the GDPR, it makes sense to take stock of what seems to be working well—and what may be working less well. The breach notification plank of the regulation has clearly had a significant impact, while the fining authority has been…
Surge in I.C.E. Immigration Enforcement is Wake-Up Call to U.S. Employers
Here is a wake-up call for employers thinking about shoring up their immigration compliance process as a New Year’s resolution. U.S. Immigration and Customs Enforcement (ICE) is targeting employers and has dramatically increased the number of worksite investigations,…
E-Verify Begins Validating Driver’s License Data with National Law Enforcement Tracking System
As part of ongoing expansions, the E-Verify system now can check driver’s license data from all 50 states, the District of Columbia and Puerto Rico for those using it through the “web” interface. The enhancement, which was made possible through a new partnership with…
Say What? The Employee Who Failed His Post-Accident Drug Test Gets Workers’ Comp.?
Employers might assume that an injured worker’s positive post-accident drug or alcohol test will automatically defeat a related workers’ compensation claim. However, in Ohio at least, the reality is a bit more complicated. Under Ohio law, a positive, post-accident…
Workforce Drug Positivity Rises by Double-Digits in Almost One-Third of U.S. Industry Sectors Examined, According to New Quest Diagnostics
Data released by Quest Diagnostics shows that drug use in the United States workforce increased by double digits between 2015 and 2017 in five major industry sectors, including Transportation and Warehousing; Other Services; Finance and Insurance; Retail Trade; and…