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Sep 22 2020

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....

Sep 16 2020

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....

Sep 08 2020

“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...

Aug 17 2020

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...

Aug 11 2020

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...

Aug 03 2020

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...

Jul 28 2020

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...

Jul 20 2020

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...

Jul 13 2020

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...

Jun 22 2020

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...

Jun 17 2020

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...

Jun 08 2020

“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...

May 28 2020

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....

May 15 2020

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...

May 06 2020

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...

Apr 21 2020

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...

Apr 14 2020

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...

Apr 06 2020

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...

Mar 27 2020

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...

Mar 16 2020

Columbia, SC Amends their Ban the Box Law

We had previously discussed a Ban the Box law in Columbia, South Carolina, that went into effect in August 2019. As mentioned in our previous industry note, the Columbia law placed various restrictions and...

Mar 04 2020

U.S. House of Representatives Passes FCRA-Amending Bill: The Comprehensive CREDIT Act of 2020

On January 29, 2020, the United States House of Representatives passed the “Comprehensive Credit Reporting Enhancement, Disclosure, Innovation, and Transparency (CREDIT) Act of 2020” (the “Act”). The Act contains a number of provisions that...

Feb 25 2020

Appeals Court Upholds Philadelphia Salary History Ban

Salary History Bans have been passed in multiple cities and states throughout the country. We have reported on recently enacted Salary History Bans in New York, New Jersey, and Cincinnati, Ohio. Philadelphia, Pennsylvania is...

Feb 18 2020

Grand Rapids, MI Enacts “Ban the Box”- Style Restrictions

We have previously reported on multiple recently enacted Ban the Box laws, both at the state and municipal levels. As you may know, Ban the Box laws often feature restrictions that prevent employers from...

Feb 05 2020

New Version of Form I-9 Released

You probably know that all employers need to complete a Form I-9 for all newly hired employees to verify their identities and authorization to work in the United States. There have been multiple versions...

Jan 22 2020

Waterloo, Iowa Facing Lawsuit Over “Ban the Box”

We previously discussed the Ban the Box ordinance recently passed in Waterloo, Iowa. On January 2, 2020, the Iowa Association of Business and Industry (IABI) filed a lawsuit against the city of Waterloo, alleging...

Jan 16 2020

Federal “Fair Chance Act” Enacted

We have previously covered “Ban the Box” laws in multiple jurisdictions, including both statewide laws, such as the law in Colorado, and municipal ordinances, including Waterloo, Iowa, Columbia, South Carolina, and Saint Louis, Missouri....

Jan 08 2020

Salary History Ban Coming to Cincinnati

Starting in 2020, Cincinnati, Ohio will join jurisdictions such as New York and New Jersey in adopting a “Salary History Ban”. Salary History Bans typically restrict when, or if, an employer can ask an...

Dec 17 2019

Waterloo, Iowa: The First Iowa Jurisdiction to “Ban the Box”

The “ban the box” movement – featuring laws that often prevent employers from asking about a candidate’s criminal history early in the hiring process – continues to diffuse rapidly at state and local governments....

Dec 10 2019

Salary History Ban Coming to New Jersey

“Salary history bans” are increasingly being adopted by states and local jurisdictions, like an upcoming salary history ban in New York. We’re seeing the trend of salary history bands moving to New York’s neighbor...

Dec 05 2019

Unbiased Employment: Background Checks and the EEOC

As an employer that conducts background checks, you’re probably familiar with the federal Fair Credit Reporting Act (“FCRA”) and know that there’s certain obligations you may have under it (as well as under its...

Nov 25 2019

One Background Report: One Permissible Purpose

What’s your reason for completing background checks? Is it to help you make educated hiring decisions? Or possibly for other business purposes? This distinction is essential because the Fair Credit Reporting Act (FCRA) includes...

Nov 18 2019

Improper Use? Macy’s Faces Allegations of Discrimination in Background Check Policies

When completing background checks, ensuring compliance with federal, state, and local consumer reporting laws is only one consideration for an employer. Employers should also keep anti-discrimination laws in mind. Macy’s, Inc. is currently facing...

Nov 06 2019

Ban the Box Debated in St. Louis, MO

The ban the box movement has been gaining steam, with many jurisdictions passing laws in recent years. We have previously touched on the ban the box laws in Colorado and Columbia, South Carolina, and...

Nov 01 2019

$54 Million Negligent Hiring Lawsuit Verdict Upheld

Avoiding risky hires takes more than just completing a background check to store in a candidate’s personnel file. It’s also essential to have policies and procedures in place with the help of trusted legal...

Oct 24 2019

Beyond “Ban the Box”: Salary History Ban Passed in New York State

At this point, you may be familiar with the recent trend of “ban the box” laws popping up throughout many states and cities. Typically enacted by state or local governments, these laws often prevent...

Oct 17 2019

The Ninth Circuit’s Take on Background Check Disclosures

The legal landscape surrounding background checks seems to be constantly changing. With the multitude of Fair Credit Reporting Act (FCRA) lawsuits filed recently, courts have had the opportunity to interpret many provisions of the...

Oct 08 2019

Consumer Reports & Investigative Consumer Reports: Separate Disclosures?

We’ve previously talked about one keystone obligation of employers under the Fair Credit Reporting Act (FCRA), background check disclosures and authorizations. Before requesting a background check on an applicant, the employer has to share...

Oct 02 2019

City Laws Matter Too: Columbia, SC Enacts “Ban the Box”

Keeping track of the laws impacting the hiring process can be a challenge for any employer. In addition to federal regulations, like the Fair Credit Reporting Act (FCRA), state and even local laws can...

Sep 12 2019

Is Your FCRA Summary of Rights Document Up-to-Date?

As an employer that conducts background checks, you’re probably familiar with the federal Fair Credit Reporting Act (FCRA) and know that there are certain obligations you may have under it (as well as under...

Sep 05 2019

Delta Airlines Settles FCRA Disclosure & Authorization Class Action Lawsuit for $2.3 Million

Employers should be wary of the increasing number of Fair Credit Reporting Act (FCRA) lawsuits brought against them. The FCRA is full of potential obligations for employers that obtain FCRA regulated background reports (called...

Sep 01 2019

“Ban the Box” Comes to Colorado

By now, you have likely heard of “Ban the Box” laws. Typically enacted by state or local governments, these laws often prevent employers from asking about an applicant’s criminal history early in the hiring...

Aug 31 2019

Form I-9 Update

Employers need to complete a Form I-9 for all newly hired employees to verify their identities and authorization to work in the United States. However, keeping track of all versions of the Form can...

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