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Fair Credit Reporting Act (FCRA) Hiring & Firing Today's Popular Updates

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

Fox Rothschild LLP

The EU Is Preparing for Artificial Intelligence. What About the US?

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The European Union is gearing up to regulate AI, but what is the U.S. doing? •There are new Federal algorithmic transparency bills being filed: •The Algorithmic Accountability Act of 2022, introduced by Senator Ron Wyden...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Jackson Lewis P.C.

New Version Of Model FCRA Summary Of Rights Released; And You Have One Week To Comply

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A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization....more

Seyfarth Shaw LLP

Using Credit Histories In Employment Decisions: An Overview Of Divergent State & Local Requirements

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Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has...more

Davis Wright Tremaine LLP

Employee Background Checks: Avoiding FCRA Liability When Conducting Due Diligence

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

Dorsey & Whitney LLP

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

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Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Seyfarth Shaw LLP

Spokeo: On Remand From The U.S. Supreme Court, The Ninth Circuit Finds Plaintiff Has Standing, Again

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more

Robinson+Cole Data Privacy + Security Insider

California Federal Judge Certifies Class in S2Verify FCRA Class Action Using Spokeo Concreteness Test

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company,...more

Littler

U.S. Supreme Court Holds Not Every Violation of a Federal Statute is a Ticket to File a Federal Court Lawsuit

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On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more

Zelle  LLP

Social Media-Based Screening and FCRA

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By now, most employers are familiar with the requirements of the Fair Credit Reporting Act (FCRA) and understand how it impacts background checks and applicant screening. In short, FCRA says that if an employer uses a third...more

Robinson+Cole Data Privacy + Security Insider

Dave & Buster’s faces FCRA class action for alleged background check violations

Joseph Alvarez filed a class action against Dave & Buster’s restaurant chain earlier this year in Florida alleging that it used background checks for employment decisions without providing a copy of the report to the...more

McGuireWoods LLP

CFPB Takes Action Under FCRA Against Employment Background Check Providers

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On October 29, 2015, the Consumer Financial Protection Bureau (CFPB) announced the settlement of an enforcement action against two of the country’s largest employment background screening report providers for failing to...more

Ballard Spahr LLP

CFPB Announces Consent Order with Employment Background Screening Report Providers

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The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

Baker Donelson

FCRA Class Action Suits on the Rise

Baker Donelson on

It is a common practice for employers to check criminal backgrounds or credit ratings of potential, and sometimes current, employees. Background checks that provide this type of information are helpful to employers when...more

Littler

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

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After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

Williams Mullen

Using Consumer Reports for Hiring Decisions Creates Unanticipated Litigation Risk for Employers

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When employers obtain a consumer report for employment purposes, §1681b(b)(3)(A) of the Fair Credit Reporting Act (the “FCRA”) requires issuance of a pre-adverse action notice to the subject of the report (the “consumer”) if...more

Davis Wright Tremaine LLP

Avoiding Class Action Litigation Under Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a growing source of class action litigation, due to the high potential penalties that it provides for very technical violations. The statute imposes conditions, among other things, on...more

Polsinelli

If You Credit-Check New Hires, Go Over Your Disclosures or Face FCRA Exposure

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Employers, beware: a recent rash of class action suits regarding Fair Credit Reporting Act (FCRA) violations, specifically regarding disclosure provisions, poses new compliance requirements for materials you distribute to...more

Poyner Spruill LLP

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

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WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

Littler

The Big Move Toward Big Data in Employment

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The world of Big Data has arrived, and it is beginning to affect employers and their decision-making in ways undreamed of even a few years ago. Employers can access more information about their applicant pool than ever...more

Allen Matkins

Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

Allen Matkins on

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

Spilman Thomas & Battle, PLLC

Employers & The Fair Credit Reporting Act: Has Sweet v. LinkedIn Signaled the Next Wave of Social Media Driven Change?

Most employers are at least generally familiar with the The Fair Credit Reporting Act (“FCRA”). FCRA protects consumers whose information is disclosed by consumer reporting agencies. In the employment context, FCRA regulates...more

Orrick - Employment Law and Litigation

N.D. Cal. Judge Puts a Check on Plaintiff’s Novel LinkedIn Background Check Theory Under FCRA

The federal Fair Credit Reporting Act (FCRA) has recently spawned an unprecedented number of class action complaints against employers for allegedly failing to comply with FCRA’s hyper-technical disclosure and consent...more

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