The Ninth Circuit Court of Appeals recently granted a dismissal for lack of standing in Mitchell v. Winco Foods. The Fair Credit Reporting Act (FCRA) case was dismissed when the Ninth Circuit agreed that Mitchell failed to establish the requisite standing because she…
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Black, Latino Drivers Sue Amazon Over Firings Based on Background Checks
A lawsuit, filed in Suffolk Superior Court, is a class action suit of black and Latino former drivers for Amazon who have sued the online retailer, alleging that Amazon discriminated against them when it fired them based on a background check policy. Originally filed…
Teacher Charged With Attempted Murder Passed Criminal Background and Reference Check, Records Show
Andres Rodriguez, who is accused of shooting a man seven times following a traffic dispute in Tinley Park last year, beat out five candidates for a sixth-grade English Language Arts teaching job in August, despite his pending criminal charges and recent dismissal by…
Man Accused of Exploiting 12 Children at N. Charleston Church Had 2008 Conviction for Assaulting Ohio Child
Jacob Hazlett, the former North Charleston church volunteer who was charged with five additional sexual exploitation counts was prosecuted when he was 18 years old for an attempted assault 11 years ago in Ohio. Hazlett agreed to plead guilty to the charge of attempted…
EU-US Privacy Shield Undergoes Second Review by EU Commission and (Re)Passes the Test—For Certifying Companies, Santa Has Come to Town
On December 19, the EU Commission (“Commission”) published its report to the European Parliament and the Council on the second review of the functioning of the EU-US Privacy Shield (the “Report”). To the relief of the 3,850 US companies who…
Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data
On December 20, 2018, the Department of Commerce updated its frequently asked questions (“FAQs”) on the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (collectively, the “Privacy Shield”) to clarify the effect of the UK’s planned withdrawal from the EU on March 29,…
Dealership Controller Embezzles $1.1 Million
Vanessa Vence-Small, of New Windsor, N.Y., pleaded guilty to wire fraud and was sentenced Nov. 28 in U.S. District Court in New Haven, Conn., to 30 months in prison. Prosecutors alleged that Vence-Small enriched herself “by means of materially false and…
Social Security Administration ‘No Match’ Letters to Employers Make Another Comeback
Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters. In July 2018, probably…
Suffolk County: Another New York Locale Where Salary History Inquiries Are Out the Door
Joining New York City, Westchester, and Albany, the Suffolk County Legislature, on November 20, 2018, adopted its own variation of a salary history ban. Taking effect on June 30, 2019, the Restricting Information on Salaries and Earnings Act (the “RISE Act”) amends…
How to Ward Off the Rising Number of Background Check Class Actions Summary
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…