News & Analysis as of

Criminal Background Checks State Labor Laws Fair Credit Reporting Act (FCRA)

Seyfarth Shaw LLP

Washington’s Fair Chance Act: New Amendments Transform Employer Background Check Policies

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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

Goldberg Segalla

New York State Employment Law Update (Part 1)

Goldberg Segalla on

New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more

Seyfarth Shaw LLP

California Employers Using Criminal History Face New Compliance Obligations

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For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more

Venable LLP

Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

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Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly...more

Littler

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

Littler on

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

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Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

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Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more

Littler

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more

Seyfarth Shaw LLP

California Employers: Beware the Background Check Bugaboos

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Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. ...more

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