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Fair Credit Reporting Act (FCRA) Hiring & Firing

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

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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

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

McGlinchey Stafford

Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit

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Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more

Mitratech Holdings, Inc

From Hire to Retire: The Role of Background Checks Throughout the Employee Lifecycle

Explore how background checks play a crucial role throughout the entire employee lifecycle, from hiring to retirement. Learn how they mitigate risk, ensure compliance, and build a trustworthy workplace....more

Woods Rogers

A Guide to Running Background Checks: What's the Tea in L&E?

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In our latest episode, Anne Bibeau, co-chair of the Labor & Employment practice, joins host Leah Stiegler to explore best practices for navigating hiring individuals with criminal backgrounds. Leah and Anne share insights on...more

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Cozen O'Connor

CFPB Warns Employers That Use of Third-Party Consumer Reports Must Be Fair

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The CFPB issued guidance regarding “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In the guidance, the CFPB warns that, like credit reports used by lenders to make lending...more

Holland & Hart LLP

Employer Beware: Adhere to FCRA When Using Background Dossiers

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Worker Tracking and Surveillance Policy - The Consumer Financial Protection Bureau (CFPB) issued a policy clarifying that employers who use third-party data and algorithmic scores for hiring, firing, and other employment...more

Rodemer Kane Attorneys at Law

Does a DWAI Show Up on a Background Check in Colorado?

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

Ballard Spahr LLP

Appeals Court: No FCRA Informational Injury Standing

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A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

Mitratech Holdings, Inc

Understanding Adverse Action: A Guide For HR Professionals

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

Jackson Lewis P.C.

CFPB’s Proposed Amendment of Regulation V to Limit Medical Bills in Credit Reporting: What do Employers Need to Know?

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On June 11, 2024, the Consumer Financial Protection Bureau (CFPB) published a Notice of Proposed Rulemaking (NPRM) to amend Regulation V‒ which implements the Fair Credit Reporting Act (FCRA) ‒ limiting the inclusion of...more

Epstein Becker & Green

Fair Credit Reporting Act Preempts State Law Defamation Claim Over Background Check

Recently, the Sixth Circuit found that the Fair Credit Reporting Act (“FCRA”) preempted a former employee’s state law defamation claim against his former employer.  While the FCRA can impose burdensome requirements on the...more

Troutman Pepper Locke

Can You Legally Get Criminal Background Checks on Independent Contractors?

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Independent contractors can pose safety and security risks as much as employees. Some go into customer homes. Others have access to personally identifiable information and proprietary business information. Some independent...more

Orrick, Herrington & Sutcliffe LLP

Massachusetts State Appeals Court orders a consumer has standing to sue in state court under the FCRA without federal standing

On January 11, the Massachusetts Court of Appeals ordered that an employee has standing to sue in state court, despite lacking standing to sue in a federal court. The employee (plaintiff) sued a prospective employer for...more

Akerman LLP - HR Defense

Looking for Skeletons in the Closet? Avoid These Background Check Mistakes

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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

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

Porter Hedges LLP

Human Resources Compliance Audits (Part 2)

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An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...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

Fox Rothschild LLP

Illinois Employers Must Act to Comply With New Equitable Employment Laws

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Since Gov. J. B. Pritzker signed Senate Bill 1480 (the Act) on March 23, 2021, the standards for employers have been raised for both hiring and employment practices. The Act incorporated significant changes to the Illinois...more

Proskauer Rose LLP

Employment Issues in Generative AI

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The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more

Troutman Pepper Locke

Calif. FCRA Ruling Boosts Technical Claim Defense

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A significant decision from a California state appeals court has shifted the legal landscape for technical Fair Credit Reporting Act claims brought in California state court in favor of defendants. Originally published in...more

Troutman Pepper Locke

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

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Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more

Jackson Lewis P.C.

Manufacturing Employers Continue Smart Hiring, With a New Twist

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Today’s manufacturers must be creative, yet transparent, in attempting to attract entry level and semi-skilled applicants to positions in good work environments with competitive pay and benefits (despite out-of-date...more

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