A Retaliation Refresher: What's the Tea in L&E?
DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Managing the Size and Structure of Your Post-Pandemic Workforce
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
Workplace Violence Rises During COVID-19 - Employment Law This Week®
Social Media + Employees = Hot Mess
Warning Signs that Signal You Might be Terminated from Your Job
The Basics of Michigan’s Social Media Password Law & Why It Isn’t Such a Great Idea
In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more
You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more
A scary surprise is fun to encounter when you are in a haunted house at a Halloween event, but not so much fun when you are performing a background check on a potential employee. Even worse is finding out after the fact that...more
For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more
The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more
Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take...more
The continued filing of lawsuits against employers under the FCRA underscores the need for in-house counsel, Human Resources, and Talent Acquisition to comply with the statute, especially the “pre-adverse action” notice...more
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act...more
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The Fair Credit Reporting Act (“FCRA”) provides federally-imposed limitations on all employers who seek information from a Consumer Reporting Agency about an applicant or employee for use in making an employment decision,...more
If you conduct pre-hire background checks, you know you have to comply with the Fair Credit Reporting Act (FCRA) or risk trouble (called lawsuits). Part of that compliance is providing notice to the applicant if you are going...more
On Sept. 12, the Consumer Finance Protection Bureau issued an updated model disclosure form, required under the federal Fair Credit Reporting Act (FCRA) as of Sept. 21, 2018. The revised “Summary of Your Rights Under the Fair...more
Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA)....more
Employers, understandably, want to know as much as possible about job candidates, and many look to background checks as a source of relevant information. Unfortunately, the laws governing employer use of background checks,...more
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more
Employees – and unsuccessful applicants for employment – are increasingly asserting claims under the Fair Credit Reporting Act (FCRA) for violations arising out of background checks conducted by third party credit reporting...more
The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed...more
When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more
Many employers rely on background checks to screen job applicants and employees when making important personnel decisions, including hiring, retention, and promotion. In March, the Equal Employment Opportunity Commission...more
Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more