The swelling tide of class action litigation against employers under FCRA is unmistakable. It cuts across all industries, including retailers, restaurant chains, theatre chains, manufacturers, financial institutions and transportation companies. To illustrate how the…
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OOIDA Members Challenge FMCSA’s Pre-Employment Screening Program
Six members of the Owner-Operator Independent Drivers Association, OOIDA, filed a class-action suit against the Federal Motor Carrier Safety Administration under the Federal Privacy Act charging that the agency is unlawfully disseminating reports of driver safety…
Florida Law Firm Files Three Class Action Lawsuits against Employers Alleging Violation of FCRA with Background Checks
A Florida law firm filed federal class action lawsuits in the same court against three separate national employers on the same day, with two of them naming the same consumer as the lead plaintiff, alleging violations of the FCRA by failure to obtain a valid background…
New Hampshire Becomes the Latest State to Pass a Social Media Workplace Law
Starting on September 30, 2014, New Hampshire employers will be precluded from requesting or requiring that an employee or prospective employee disclose login information for accessing any personal online account or service. The new law does have several exceptions….
Class Action Filed Against Washington Metro Over Background Checks of African Americans
The Washington Metropolitan Area Transit Authority has been named in a lawsuit after the class members claim its background check policies are unfair. The plaintiffs claim the defendants’ actions have disproportionately affected African American applicants…
Rhode Island Enacts Social Media Privacy Laws
Although it is called “social” media, individuals using online services such as Facebook or Twitter should not be required to divulge information they wish to keep private, said Senate Majority Leader Dominick J. Ruggerio and Rep. Brian Patrick Kennedy….
Louisiana Joins 16 Other States and Prohibits Employers from Accessing Employee Online Accounts
Effective August 1, 2014, Louisiana joined at least sixteen other states who have enacted laws prohibiting or restricting employers from accessing employees’ personal online accounts – including social media, email accounts, or any other online accounts…
IRS Failed To Do Background Checks On Contractors
The IRS failed to do background checks on some private contractors who handled confidential taxpayer information, exposing more than a million taxpayers to an increased risk of fraud and identity theft, a government investigator said Thursday. In one case, to…
Employer Concerns About Liability Loom As Push for Ban-the-Box Policies Spreads
Many employers continue to push back against blanket approval of ban-the-box policies, arguing that they have an obligation to keep workplaces safe and avoid negligent hiring or employment discrimination claims. In some cases, they are working with advocates to hammer…
Convict Rehired Under ‘Ban the Box’ Policy
A City of Austin employee with a lengthy criminal history was fired after entering a guilty plea. However, the city acknowledges he was allowed to keep working after his arrest and without a background check due to city policies and despite being fired by the city 12…



