Bright-line rules may seem convenient but beware if you use any type of bright-line rules in your criminal background screening programs. Dollar General learned this lesson after it faced a lawsuit from the Equal Employment Opportunity Commission...
Jennifer Daimon, Esq.
The Secretary of Transportation, at the direction of Congress, has established the Federal Motor Carrier Safety Administration (FMCSA) Clearinghouse. The secure online database will be available starting January 6, 2020 and will keep real-time...
The air is getting a crisp bite (well maybe, depending on where you live) and legislative leaves are falling, carrying with them new laws and amendments. The colors are once again changing in New York City, our favorite city for...
Employers who conduct criminal background checks are familiar with the Equal Employment Opportunity Commission (EEOC) and the factors it created seven years ago. In 2012, the EEOC implemented its “Enforcement Guidance on the Consideration of...
One of the less standard areas of employment background screening involves the use of credit reports. While most consumers are familiar with the use of credit reports in housing and the lending industries, credit reports can also be helpful in...
Marijuana has been and will continue to be a huge topic in employment law. While federal law still holds that marijuana is an illegal controlled substance, states and local jurisdictions are legalizing it for medical and recreational use. Some...
If you operate in California or have contact with consumers in California, you have likely already heard about the California Consumer Protection Act (“CCPA”), the United States’ answer to the European Union’s General Data Protection Regulation....
As more and more states pass laws decriminalizing and even legalizing the recreational use of marijuana, it is not surprising that marijuana continues to be a prevalent topic for lawmakers and courts throughout the country.
As part of its 2019-2020 State Budget, the New York Legislature approved a significant increase to the search fees associated with Office of Court Administration searches. The fee will increase from $65 to $95 per search plus any additional...
The Ninth Circuit Court recently adopted a decision that may affect those who are subject to the Federal Fair Credit Reporting Act (“FCRA”) as well as California's Investigative Consumer Reporting Agencies Act (“ICRAA”). These laws regulate...
The background and drug screening industry is an ever-changing landscape. While there are various topics and issues that arise regarding these types of screenings, these specific trends in the industry require an especially close review.
The Northern District of California provided additional guidance to employers with its decision in Soman v. Alameda Health Systems. Plaintiff Jas Soman brought a possible class action against Alameda Health Systems, arguing that Alameda had...
As the weather gets colder, 2018 is drawing to a close and 2019 is days away. The compliance world was busy this past year. AccuSource discussed 2018’s biggest compliance topics in its annual webinar, but here is a summary of those items in case...
The National Labor Relations Board (NLRB) recently determined that an employer violated the National Labor Relations Act (NLRA) by enrolling in E-Verify without first seeking approval from the union that represents its employees (Ruprecht Co.,...
Courts at the state level have been addressing the conflict between federal and state law concerning the use of marijuana. While numerous states have legalized marijuana for medical or recreational use, federal law still classifies marijuana as...
Delaware has proposed legislation that can provide a clean slate for those with certain types of misdemeanor offenses. Referred to as the “Clean Slate Act,” the legislation would allow the automatic sealing of records for non-violent federal...
Recent FCRA Class Action Dismissals Show Promise for Consumer Reporting Agencies and Employers
Lawsuits brought under the Fair Credit Reporting Act (FCRA) have been picking up steam for years, resulting in sometimes million-dollar settlements for...
