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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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