Employers began to rethink how they obtain authorization and retrieve background and credit checks for new employees after the Ninth Circuit’s decision in Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169, 1177 (9th Cir. 2019), as we’ve
Employer Violated FCRA With Improper Background Check Notice
Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019)
While applying for employment with CheckSmart Financial, LLC, Desiree Gilberg signed a “Disclosure Regarding Background Investigation,” which resulted in Gilberg’s filing a putative class action against
Employer Violated FCRA With Improper Background Check Notice
Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169 (9th Cir. 2019)
While applying for employment with CheckSmart Financial, LLC, Desiree Gilberg signed a “Disclosure Regarding Background Investigation,” which resulted in Gilberg’s filing a putative class action against
Ninth Circuit Re-affirms Fair Credit Reporting Act’s Strict Disclosure Standards
A disclosure form that included other, state-mandated disclosure information violated the Fair Credit Reporting Act’s (FCRA) standalone document requirement, the Ninth Circuit held. Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263 (9th Cir. Jan. 29, 2019). In doing so,
State Law Information + Unclear Wording = FCRA Violations
If your background check forms include too much information about rights under state law, or even grammatical errors, you might be in trouble according to the Ninth Circuit.
Ninth Circuit holds that inclusion of state law disclosures violates the FCRA’s “stand-alone” Requirement
The Fair Credit Reporting Act (FCRA) requires employers who obtain a consumer report on a job applicant to provide the applicant with a “clear and conspicuous disclosure” that they may obtain such a report (the “clear and conspicuous” requirement) “in
Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks
Albert Einstein believed “Everything should be made as simple as possible, but not simpler.” The Ninth Circuit seems to agree. In Gilberg v. Cal. Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (Ninth Cir. Jan. 29, 2019), the
Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach
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, the court
Employment Background Screening–Compliance with the FCRA
I recognize this is a lengthier blog than I normally post, but it’s necessary so I can help employers help themselves.
The Ninth Circuit Court of Appeals issued an important opinion that is relevant not only to employers that are
Background Check Disclosures with State Law Information Are Illegal, Ninth Circuit Declares in Class Action Case
Check your background check disclosure forms. Now.
The Ninth Circuit has now declared that background check disclosure forms that include state law disclosures are illegal. Gilberg v. California Check Cashing Stores, LLC, Case No. 17-16263 (9th Cir. Jan. 29, 2019).