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On July 26, a Northern District of California judge certified a class of applicants who claimed that S2Verify, a background check company, included obsolete criminal information on their background reports in violation of the FCRA. In certifying the class, the Court…
A California federal judge issued a written tentative ruling indicating that she would likely approve AutoZone, Inc.’s agreement to pay $5.7 million to settle claims that the company illegally ran credit checks on 200,000 prospective employees. In September 2014, two…
Uber agreed to pay up to $25 million to settle a 2014 lawsuit filed by city officials in San Francisco and Los Angeles who argued that the ride service gave customers a “false sense of security” by touting its background checks as the toughest in the industry. The…
Continuing the nationwide crackdown on the use of criminal history as a factor in employment decisions, California’s Department of Fair Employment and Housing (DFEH) released proposed regulations for employers with new prohibitions on the practice. In addition…
Under a new California law that took effect on January 1, 2016, California employers may face civil penalties of up to $10,000 for misusing E-Verify, the federal electronic employment verification system some employers use to verify employment eligibility of newly…
Enrollment in E-Verify remains voluntary under federal and California law except for federal contractors with the FAR provision in their contract. California’s new law (AB 622) added significant penalties at the state level for E-Verify violations in addition to…
The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting Agencies Act (ICRAA) is unconstitutionally vague when applied to employee background checks because of its overlap with another California law, the Consumer Credit…
Assembly Bill (AB) 622 authored by Assembly member Roger Hernández (D – West Covina) was signed by Governor Brown. AB 622 limits the misuse of E-Verify by prohibiting employers from using E-Verify in a manner not prescribed by federal law. In addition, AB 622…
If you are among the estimated one in four Americans with a criminal record, you might face an uphill battle in your job search. Surveys show that a majority of employers (92%) perform criminal background checks when hiring for at least some positions. If a…
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. In the case at hand, it appears that LES routinely…