Topic
Background Checks
559 published works
Workforce Bulletin
Massachusetts Employers’ Ability to Inquire into Job Applicants’ Criminal History Further Curbed
By Carly Baratt
Massachusetts employers should take note of a provision in the Massachusetts criminal justice reform law – signed into law last week – that amends the type and scope of questions…
The Right Coast
Behind Cruz’s Florida Rampage, Obama’s School-Leniency Policy | RealClearInvestigations
Despite committing a string of arrestable offenses on campus before the Florida school shooting, Nikolas Cruz was able to escape the attention of law enforcement, pass a background check and…
Labor & Employment Report
No Enforcement of the EEOC’s Criminal Background Check Guidance?
By Fiona W. Ong
My world shifted slightly last week, when a federal court in Texas ruled that the Equal Employment Opportunity Commission could not enforce its Enforcement Guidance on "Consideration of Arrest and…
Law and the Workplace
[Podcast]: Laws Governing Background Checks for Employers
By Harris Mufson, Michelle Gyves
[caption id="attachment_4452" align="alignright" width="250"] Click to listen to the podcast[/caption] In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers.…
Labor & Employment Law Navigator
“Ban the Box” Not Always the Safest Policy
By Frantz Ward Litigation Group
On November 21, 2017, the Financial Industry Regulatory Agency (“FINRA”) fined J.P. Morgan Securities, LLC, $1.25 million for HR due diligence failures from 2009 until May of this year. Pursuant…
Workplace Privacy, Data Management & Security Report
Supreme Court Will Not Hear Ninth Circuit Decision Regarding Willful Violations of FCRA’s Disclosure Provision
On November 13, 2017, the U.S. Supreme Court declined to hear the appeal of one of 2017’s more significant Fair Credit Reporting Act (FCRA) opinions, Syed v. M-I, LLC. (9th…
TortsProf Blog
2 Women Sue Uber for Sexual Assault; Allege Inadequate Background Screening
One woman from Florida and one from California filed suit against Uber on Tuesday in federal court in San Francisco. The women alleged they were sexually assaulted by Uber drivers…
Work Comp & Employment Law Insight
Are You Complying with the Fair Credit Reporting Act (FCRA)?
When hiring a new employee, many employers request that a potential employee sign what is often referred to as a “Release,” which is used to initial a background screening process.…
Law and the Workplace
District Court Dismisses Putative FCRA Class Action For Lack Of Standing
By Edward Young, Michelle Gyves, Steven J. Pearlman
The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff…
Hiring To Firing Law Blog
California’s Statewide “Ban-The-Box” Law To Go Into Effect January 2018
By Troutman Pepper Locke's Labor + Employment Group
California companies with five or more employees are subject to new legislation that prohibits criminal background screenings prior to a conditional offer of employment. This legislation also prohibits requesting information…