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Disclosure Requirements Job Applicants Employment Litigation

Miller Nash LLP

Washington State Job Posting Requirements: Some Upcoming Changes in Enforcement

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The Washington Equal Pay and Opportunities Act (“the Act”) endeavors to prohibit pay discrimination and promote fairness among workers by addressing business practices that may contribute to income disparities between...more

Verrill

Compliance Check: Massachusetts Employers, Do Your Applications Contain Required Lie Detector Disclosures?

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Last year, the U.S. District Court for the District of Massachusetts issued a decision in Baker v. CVS Health Corporation with an important reminder to employers regarding their required disclosure in employment applications...more

Fox Rothschild LLP

Washington State May Ease Pay Transparency Rules

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Washington Gov. Bob Ferguson is considering a bill that would amend the state’s wage disclosure requirements in the Equal Pay and Opportunities Act (EPOA) and implement major changes regarding potential liability for...more

Littler

Relief from Steep Pay Transparency Penalties for Businesses in Washington State

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In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of class...more

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

McDermott Will & Emery

The 411 on Employment Background Checks in Transactions

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Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

Littler

The Rest of the Story (for Now): Employer Prevails in FCRA Class Action Alleging “Stand-Alone” Disclosure Violation

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As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures....more

Fisher Phillips

Sometimes Less Is More: Background Check Disclosures Can Go Too Far and Lead to FCRA Violations

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Under federal law, an employer that conducts a background check for an applicant or employee must first provide written notice, also known as a disclosure, to that individual – but recent court decisions demonstrate how...more

Proskauer - California Employment Law

Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials

Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020) - Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act (“FCRA”) because his former employer had...more

Akin Gump Strauss Hauer & Feld LLP

Critical Considerations for Compliance with the FCRA

These days, companies conducting background checks on job applicants have a lot to think about. Most companies are aware of the Fair Credit Reporting Act (FCRA) and FCRA’s various state analogs. FCRA, one of a number of...more

Stinson LLP

Federal Background Check Disclosure Form Must Not Include State Law Disclosures, Ninth Circuit Holds

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Two weeks ago, the U.S Court of Appeals for the Ninth Circuit held in Gilberg v. California Check Cashing Stores, LLC that a federal background check disclosure form that also included state law notices violated the Fair...more

Sheppard Mullin Richter & Hampton LLP

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks

Albert Einstein believed “Everything should be made as simple as possible, but not simpler.” The Ninth Circuit seems to agree. In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29,...more

Littler

The Ninth Circuit Adopts an Expansive Reading of the FCRA’s Provision Governing Background Check Disclosures

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Almost two years ago to the day, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. ...more

Womble Bond Dickinson

Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!

Womble Bond Dickinson on

On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal...more

Fenwick & West LLP

The Seventh Circuit Finds No Standing in FCRA Case Based on Job Application Credit Reports

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The U.S. Court of Appeals for the Seventh Circuit held that allegations that prospective employers obtained consumer reports in technical violation of the Fair Credit Reporting Act by themselves do not constitute a concrete...more

Fisher Phillips

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

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Applicant background reports can be vital tools for employers, especially in the hiring process. However, amendments to the Fair Credit Reporting Act (“FCRA”) significantly increase the rights of applicants and employees to...more

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