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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,…
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 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…
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…
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…
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…
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…
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. Under this law, employers discriminate when…
(OCAHO) issued its first decision in 2014 -U.S. v. Two for Seven LLC d/b/a Black & Blue Restaurant, which tells the story of a small New York restaurant that was assessed an I-9 penalty of $88,700 by OCAHO. The good news is the restaurant was successful in…
Do you hire employees in Colorado (either now or in the foreseeable future)? The Colorado Department of Labor and Employment (CDLE) has released a new mandatory Affirmation of Legal Work Status form that must be used by employers for new hires (within the state) who…