Topic
Background Checks
559 published works
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…
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…
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.
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…
Who Is My Employee?
Do Pre-Employment Laws Apply When Running Background Checks on Independent Contractors? (Tip: Instead, Just Ask Edward)
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.”…
Workforce Compliance Insights
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…
Employment Law Spotlight
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…
Employment Class Action Blog
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…
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…
Employment Privacy Blog
Learn from Lyft—How to Ward Off the Rising Number of Background Check Class Actions
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”…