INDUSTRY NEWS
The Litigation Saga of Waterloo, Iowa’s Ban the Box Law
Cities have been quick to enact laws around the use of criminal history for employment purposes in recent years. These types of laws are commonly known as “Ban the Box” Laws. In some cases,...
Seeing Dollar Signs (or Not) on Salary Verifications in Nevada
Las Vegas is famous for high-rollers and big spending. It might seem like the city, and the broader state of Nevada, are all about the money. But now, a new state law is putting...
Kentucky in the Lead to Protect Employers with New Reentry Law
You might have noticed a significant push across the country to remove a criminal record as a barrier to employment. Varying new laws have been introduced to attempt to help the third of American...
Beyond Washington’s Disclosures: Summary of Rights Requirements
Last month we highlighted background report disclosure requirements in the state of Washington. As we previously discussed, part of the disclosure requirements for “investigative consumer reports,” under Washington law, is providing candidates with additional...
Continued Form I-9 Compliance Flexibility
The way employers hire has adapted to a more remote workforce. Some government agencies have also introduced temporary policies to assist employers in both promoting remote readiness and meeting COVID-19 restrictions. It’s been over...
Washington’s Vast Approach to Background Check Disclosures
Those that have visited the Pacific Northwest know the beauty of the area. The region is known for lush forests, majestic mountains, and stunning waters. Washington alone is home to Olympic National Park, Mount...
Philadelphia Inches Closer to Certain Drug Testing Limits
There has been a rise in legalizing medicinal and recreational cannabis across the United States. Some areas have expunged records related to marijuana. Others have decriminalized the use of marijuana. It seems attitudes about...
Another Disclosure Violation Case
We’ve highlighted many cases of companies accused of violating the Fair Credit Reporting Act (FCRA). So many of these situations fall back on disclosure forms. We have previously discussed cases involving FCRA disclosures, such...
Illinois Human Rights Act Updates Are Now Law
With the change of seasons we are seeing changes to some laws. In February we talked about Illinois Senate Bill 1480 and about potential changes coming to the Illinois Human Rights Act. The changes...
Costly Settlement for Alleged FCRA Violation
The Fair Credit Reporting Act (FCRA) outlines the fundamental federal requirements for employment background checks done by consumer reporting agencies. No company wants to face the consequences of a violation. But the truth is,...
Vermont Blocks Wide Use of Credit Checks in Employment Decisions
Some states and cities have introduced and passed bills to place restrictions on using credit checks for employment purposes. Generally, these laws restrict when or how employers use credit history for most employment decisions....
Fair Chance Violation Complaint Delivered to FedEx in New York City
The consequences of violating employment laws can be significant. Employers can face litigation, leading to big penalties. Macy’s recently experienced this in New York City. Now, FedEx Ground Package System, Inc. (“FedEx”) is accused,...
Philadelphia Boosts Protections for Credit History Used in Employment Decisions
A consumer’s credit history is highly protected. What shows up affects consumers seeking jobs, housing, vehicles and more. Some laws promote accuracy, fairness, and the privacy of information with credit bureaus. Several federal, state...
Small but Mighty: Rhode Island’s Credit Check Laws
Rhode Island may be the smallest state, but some of its state laws align with some of the nation’s biggest. States like California restrict the use of certain credit information for employment purposes. Some...
Amendments Update Philly’s Ban the Box Law
The City of Brotherly Love is home to many historic sites. From the Liberty Bell to those famous stairs from the movie Rocky, the city sure is a staple in the history books. In...
Changes Ahead for the NYC Fair Chance Act
Last month we discussed New York City’s Fair Chance Act (FCA). It places restrictions on how NYC employers can use certain criminal history information. The FCA addresses employment ads, asking job applicants about criminal...
Understanding New York City’s Fair Chance Act
Several “Fair Chance” or “ban the box” initiatives nationwide have been introduced or updated over the past year. Take, for example, the new Federal Fair Chance Act and changes to California’s Fair Chance Act....
Oklahoma! Where the Disclosures Are Written Plain
Some states have their own background report disclosure laws. Our virtual road trip throughout the United States has introduced us to many states that require specific disclosures, beyond FCRA disclosures, before screening applicants or...
Illinois Proposes Changes to How Employers Use Certain Criminal History
By now, you are probably aware of the importance of checking up on state and local laws if you obtain background reports on your applicants and employees. We recently covered a court case in...
New York City Restricts Use of Candidate Credit History
Do your background reports contain credit information about your candidates? Some states, and cities, restrict the use of certain credit information for employment purposes. In New York City, the hub for the financial industry,...
Regulations from Federal Agencies and the FCRA
If you use background reports for employment purposes, you are probably well-versed in the federal Fair Credit Reporting Act (FCRA). But did you know that the FCRA grants the Consumer Financial Protection Bureau (CFPB),...
Employment Discrimination Based on Criminal History: A Cautionary Tale
The laws around employment background reports are vast. If you use background reports, you probably take care to follow all applicable federal, state, and local consumer reporting laws. In addition to consumer reporting laws,...
Disclosures Go Down the New Jersey Shore
Does your team live or work up and down the Jersey Shore? Then there are some state-specific disclosure requirements to keep in mind. That’s right, New Jersey law includes specific background report disclosure requirements....
Anti-discrimination Suit Raised Against New York Insurance Company
If you’re an employer that uses background reports, compliance is a priority issue. Federal, state, and local consumer reporting laws are not the only laws to consider. From ban the box to anti-discrimination, there...
Ban the Box 2.0 in Montgomery County, Maryland
As the largest county in the state of Maryland, Montgomery County enacted its ban the box law years before the state did so. It took the state of Maryland until 2020 to pass a...
Innovating “Applicant”: Updates to California’s Ban the Box Law
The state of California is a leader in the tech world. Silicon Valley is the global hub for technology innovation and startups. Many of the largest tech-based corporations even call this state home. But...
Keeping Things Unique in the State of New York
You may have heard this tongue twister before: “Unique New York.” That’s more than just a vocal warm-up for theater folks or a line from Will Ferrell’s character “Ron Burgundy” in Anchorman. It accurately...
Unwrapping Ban the Box Updates in St. Louis
The city of St. Louis wrapped up its new Ban the Box law with a bow just in time for the new year. This means all employers in St. Louis have just over a...
Aloha! to Ban the Box Updates in Hawaii
Grab your cup of Kona coffee, and let’s catch up on hiring on island time. Riding waves of new hires under Hawaii’s existing ban the box law doesn’t have to be a grind. If...
Heroes Act: Where the Pandemic and Background Checks Could Intersect
The coronavirus (COVID-19) pandemic has a far-reaching impact on us all. We’ve had to monitor access to courthouse records during state closures, certainly. Verified Credentials also helps employers navigate new hiring challenges. But in...
Into the Wild of Montana’s Disclosure Requirements
The great outdoors called to many of us in recent months. It’s been a much-needed break from at-home offices and busy homes in lockdown. Residents of Montana may have had the best views, with...
North Carolina Firing Up Ban the Box
If you like your barbecue sauce true North Carolina style, you know it should drizzle, not stick, to what’s in the pit. A recipe isn’t always needed, but the signature style must be there....
Macy’s Learns What’s in Store for Employers Who Engage in Discriminatory Employment Practices Using Background Report Information
Retail stores are no strangers to matters of civil rights. For decades, civil rights laws have helped keep retailers accountable for consumers’ civil rights complaints. Anti-discrimination protections extend not just to the shoppers, though....
“Minnesota-Nice” Background Check Disclosures
Some states have their own background check disclosure laws. California, Massachusetts, and more may require disclosures, besides FCRA disclosures, before you screen (see our industry notes on these here and here). We’ve traveled coast-to-coast...
Full Disclosure: Getting to Know Massachusetts Background Report Compliance Notices
Background checks from a background screening company start after a few basic steps. Consent forms must be signed, and disclosures presented. Once complete, we can get to work on a background report – and...
Holy Toledo! Salary History Ban Moves into Toledo, Ohio
Protecting job candidates means more laws take their corner on privacy rights. More locations are restricting information about employment experience, including salary history. As of June 25, 2020, Toledo became the second city in...
Blocking in Memphis: Ban the Box Comes to Shelby County, Tennessee
Music landmarks and legends found a home in Memphis. It’s home to the biggest movements in blues, soul, and rock ‘n’ roll. Now the second biggest city in Tennessee is part of a big...
More California Background Report Disclosures: San Francisco
We’ve talked about how, in California, the Investigative Consumer Reporting Agencies Act (“ICRAA”) and the Consumer Credit Reporting Agencies Act (“CCRA”) require employers to make specific disclosures to their applicants and employees before obtaining...
DHS Extends I-9 Compliance Flexibility
Last month, we discussed the Department of Homeland Security (“DHS”) news release announcing a 30-day extension in I-9 compliance flexibility to July 19, 2020. For more information on the I-9 flexibility, check out our...
Salary History Restrictions Coming to Maryland
There has been an increase in jurisdictions adopting “salary history bans,” like the salary history bans we have discussed in New Jersey, New York, Philadelphia, Pennsylvania, and Cincinnati, Ohio. With recent legislation, the state...
DHS Announces Extended I-9 Compliance Flexibility
The Department of Homeland Security (“DHS”) recently issued a news release announcing a 30-day extension in I-9 compliance flexibility, to July 19, 2020, due to continued precautions related to COVID-19. DHS made the initial...
Virginia “Bans the Box” (For Certain Offenses)
We have highlighted several new ban the box laws at the local, state, and federal level. Another month brings a new ban the box law for you to consider. On May 21, 2020, the...
“Credit Checks” in California? There’s (Another) Disclosure for That!
Last month we discussed California’s Investigative Consumer Reporting Agencies Act (“ICRAA”) and the state-specific disclosures required by the ICRAA if you obtain “investigative consumer reports” as defined by California law on applicants or employees...
Background Reports in California? There’s a Disclosure for That!
You’re probably aware of the federal Fair Credit Reporting Act (“FCRA”) disclosure and authorization requirements for employers that want to obtain background reports from consumer reporting agencies like Verified Credentials on employees and applicants....
Suffolk County, New York Passes Ban the Box Law
We have previously discussed several new “ban the box” laws at the local, state, and even federal level. On March 17, 2020, Suffolk County, New York passed their version of a ban the box...
The Ninth Circuit, Once Again, Addresses FCRA Disclosure and Authorization Requirements
The Ninth Circuit Court of Appeals has recently issued a few well-publicized decisions on Fair Credit Reporting Act (“FCRA”) disclosure and authorization requirements. We have previously discussed two marquee decisions, Gilberg v. California Check...
The Ninth Circuit Takes on Background Report Disclosures (Again)… and Pre-Adverse Action Requirements Too
We have previously written about Gilberg v. California Check Cashing Stores, LLC, a recent decision by the Ninth Circuit Court of Appeals that dove into the disclosure requirements for employers that use background screening...
FTC Takes Action Against Using Consumer Reports for an Impermissible Purpose
We have previously touched on the Fair Credit Reporting Act (FCRA) requirement to have a permissible purpose to obtain a background report (called a “consumer report” under the FCRA). As we talked about, there...
Litigation Update: Waterloo, Iowa Ban the Box Ordinance
In previous articles, we have discussed both the Ban the Box ordinance passed by the City of Waterloo, Iowa and the lawsuit relating to the ordinance filed against the city by the Iowa Association...
Thinking About Adverse Action? Make a Plan!
If you use a third-party agency to provide you with background reports (which are also referred to as “consumer reports”), you may want to familiarize yourself with the Fair Credit Reporting Act (“FCRA”), a...
