News & Analysis as of August 19, 2025

Corporate Counsel

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

AI in Job Postings: What Employers in Canada Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/22/2025

Artificial intelligence (AI) is rapidly changing the hiring landscape. Whether scanning resumes with machine learning tools or ranking candidates based on predictive models, employers in Canada may now want to ensure...more

Pay Transparency Reminder: 5 States’ Laws Take Effect in 2025

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2025

With the turn of the new year, employers must focus on refining their recruiting and retention efforts to ensure compliance with a handful of new pay transparency laws, specifically in Illinois, Minnesota, Vermont,...more

New Jersey’s New Pay Transparency Law: Guidance for Employers

Fox Rothschild LLP on 11/20/2024

Starting June 1, 2025, New Jersey employers will need to be transparent about employee compensation when posting new job openings and providing notice to existing employees of internal promotional opportunities. The...more

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

Fisher Phillips on 7/15/2024

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

Pay Transparency in the Green Mountain State: Vermont Adopts New Pay Equity Law

Fisher Phillips on 6/6/2024

Vermont will soon join nine other states across the country which require employers to disclose compensation in job postings. Governor Phil Scott signed the bill into law Tuesday and it will take effect on July 1, 2025 —...more

New York State’s Salary Transparency Law Takes Effect September 17, 2023

Epstein Becker & Green on 9/8/2023

The time has come – New York employers are reminded that a statewide salary transparency law goes into effect on September 17, 2023. While many employers in New York City, Westchester County, the City of Ithaca and Albany...more

New Canada Labour Code Regulatory Amendments: What Employers Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/20/2023

The Budget Implementation Act 2018, No. 2 (BIA 2018, No.2) made numerous changes to the Canada Labour Code (CLC) by. As a result of these changes, federally regulated employers will be required to reimburse employees for...more

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Bradley Arant Boult Cummings LLP on 2/21/2023

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Survey of Pay Disclosure Laws Across the Country

Farella Braun + Martel LLP on 9/6/2022

There has been a wave of new state and local legislation focused on pay transparency for job applicants. Right now, Colorado State and Jersey City are the only jurisdictions that require employers to provide wage ranges in...more

The NYC Wage Transparency Law Becomes a Bit More Transparent: Amendment and Guidance Clarify Requirements, but Coverage Questions...

Venable LLP on 5/31/2022

As the COVID-19 pandemic continues and staffing levels remain in flux, many employers are filling open positions with new talent, predictably using advertisements to do so. Several months ago, the New York City Council seized...more

CA Appellate Court Addresses “Willfulness” Standard Under FCRA

Proskauer - Law and the Workplace on 5/4/2022

On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more

NYC Issues Guidance on Salary Transparency Law: 5 Key Takeaways for Employers

Fisher Phillips on 3/29/2022

New York City employers need to disclose the expected salary range on internal and external job listings starting on May 15 due to a salary transparency statute enacted by the City earlier this year. While the statute left...more

The Top 16 Workplace Law Stories from November 2021

Fisher Phillips on 12/3/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

Seyfarth Shaw LLP on 4/11/2020

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

Critical Considerations for Compliance with the FCRA

Akin Gump Strauss Hauer & Feld LLP on 6/19/2019

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

Employer Prevails In FCRA Class Action In California

Littler on 4/17/2019

On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA)....more

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

McGuireWoods LLP on 2/4/2019

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

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

Littler on 1/30/2019

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

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

Dorsey & Whitney LLP on 4/26/2018

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

Employers Prevail in FCRA Class Actions

Littler on 3/1/2018

The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. Before procuring a background check from a consumer reporting agency (CRA), the employer must disclose its...more

California Court Certifies FCRA Class of Over 40,000 Applicants

Littler on 7/18/2017

As Littler has reported, the number of class action lawsuits against employers alleging violations of the Fair Credit Reporting Act (FCRA) has continued to spike. Most lawsuits proceed in federal court, but the FCRA allows...more

Fair Credit Reporting Act Developments: Increase in Class Action Litigation

Fisher Phillips on 7/6/2017

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

Nothing Crafty About Michaels’ Disclosure Under Spokeo

Carlton Fields on 2/14/2017

A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’ online employment application...more

Employers Violate the Disclosure Requirements of the FCRA if They Include Anything More Than the Disclosure Itself

Clark Hill PLC on 1/27/2017

On January 20, 2017, in a case of first impression, the Ninth Circuit Court of Appeals ruled that a prospective employer violates Section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA) when it procures a job...more

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

Ballard Spahr LLP on 1/25/2017

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

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