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
The Washington State Legislature has been busy as usual this session. Two bills with significant implications for employers operating in Washington have recently been signed into law by Governor Bob Ferguson: a state...more
Washington employers will soon be subject to new, more burdensome rules under recent amendments to the Washington Fair Chance Act. Passed this legislative session, HB 1747 goes into effect on July 1, 2026 for employers with...more
In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more
Washington State has an existing fair chance law (discussed here) but the statute, as amended by HB 1747, will impose additional obligations on employers that consider criminal records when vetting job applicants or...more
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more
California state law already saddles private sector employers with significant obligations to job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more...more
Since California’s enactment of the Fair Chance Act (“Act”) over six years ago, California’s private and county employers with five or more employees have become well-acquainted with the Act’s general prohibition of employers...more
In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...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
The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and...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
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
A job applicant who didn’t disclose a felony conviction can’t sue her prospective employer under a federal background-check law for failing to provide proper notice before rescinding her offer, according to a recent decision...more
More than 90% of employers use some form of a background screening on applicants or employees when making employment decisions. There can be several reasons for using them: ensuring safety in the workplace; reducing exposure...more
On March 23, 2021, Governor J.B. Pritzker signed a bill (SB1480) that amends the Illinois Human Rights Act (IHRA) to, among other things, impose new requirements on employers that perform criminal history checks on their...more
On December 10, 2020, the New York City Council amended New York City’s Fair Chance Act (FCA), also known as the “ban the box” law. The recently enacted amendments will take effect on July 29, 2021....more
Further restrictions on New York City employers’ ability to take adverse action against applicants or employees based on their criminal history are on the horizon. The New York City Council just passed a bill which will...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
With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more
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Part II: Offer Letters and Background Checks - In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (regarding advertising and interviewing for a...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
Effective July 1, 2017, new regulations from the California Fair Employment and Housing Council will further limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment...more
Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape. After all, one thing which the new Administration and Congressional...more