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Background Checks

559 published works

  1. Class Action Countermeasures

    California Court of Appeals Joins FCRA’s Mad Tea Party

    By Heidi Siegmund, Bryan A. Fratkin

    The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in…

  2. California Employment Law Update

    Employer Violated FCRA With Improper Background Check Notice

    By Tony Oncidi

    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…

  3. Hunton Employment & Labor Perspectives

    State Law Information + Unclear Wording = FCRA Violations

    By Madalyn K. Doucet, Kevin J. White

    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.

  4. Employer Law Report

    Ninth Circuit holds that inclusion of state law disclosures violates the FCRA’s “stand-alone” Requirement

    By Brian Hall

    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…

  5. Who Is My Employee?

    Do Pre-Employment Laws Apply When Running Background Checks on Independent Contractors? (Tip: Instead, Just Ask Edward)

    By Todd Lebowitz

    A time traveler named “Edward” claims to have photographic proof that he is visiting from 5,000 years in the future. According to Metro UK, he described his experience as “unbelievable.”…

  6. Workforce Compliance Insights

    Employment Background Screening–Compliance with the FCRA

    By Montserrat Miller

    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…

  7. Employment Law Spotlight

    Background Check Disclosures with State Law Information Are Illegal, Ninth Circuit Declares in Class Action Case

    By Todd Lebowitz

    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…

  8. Employment Class Action Blog

    Background Check Disclosures with State Law Information Are Illegal, Ninth Circuit Declares in Class Action Case

    By Todd Lebowitz

    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…

  9. Consumer Class Defense Blog

    The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA

    By Pamela Devata, Esther Slater McDonald, John Drury, Connor M. Bateman

    Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer…

  10. Employment Privacy Blog

    Learn from Lyft—How to Ward Off the Rising Number of Background Check Class Actions

    By Spencer Waldron

    Learn from Lyft—How to Ward Off the Rising Number of Background Check Class Actions Companies are increasingly faced with class actions for alleged violations of one of the “big three”…