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Columbia, South Carolina Limits Inquiries About Applicants' Criminal And Salary Histories
Columbia, South Carolina passed an ordinance effective August 6, 2019,1 limiting employers' use of criminal background checks and banning employers from inquiring about salary
United States
14 Oct 2019
New Jersey Adds To Recent Flood Of Salary History Ban Laws
Continuing the recent deluge of salary history ban laws,1 on July 25, 2019, New Jersey Lieutenant Governor Sheila Oliver signed Bill A1094 into law.
United States
1 Aug 2019
Ruling Raises Important Considerations For Independent Contractor Background Screening
A federal court's recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential
United States
27 May 2019
Third Circuit Holds Individual Plaintiffs Lack Standing For Some Alleged Violations Of The FCRA's Pre-Adverse Action Notice Requirement
On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority, the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of ...
United States
5 Oct 2018
New Amendment May Soon Affect FCRA Pre-Adverse Action Notice Requirements
However, on closer scrutiny, as described below, this argument appears to be "creative" at best.
United States
12 Sep 2018
Hawaii Joins Salary History Ban Trend
On July 5, 2018, Governor David Y. Ige signed Senate Bill 2351 into law, adding Hawaii to the list of jurisdictions generally prohibiting employers from asking applicants about their prior compensation history.
United States
12 Jul 2018
Kansas City, Missouri Enacts "Ban-the-Box-Plus" Ordinance
On February 1, 2018, the Kansas City, Missouri City Council passed restrictions on employers' inquiries into, and use of, criminal record information.
United States
7 Feb 2018
Philadelphia Adopts Regulations Clarifying The Still-Stayed Ordinance Banning Salary History Inquiries
The Philadelphia Commission on Human Relations has adopted regulations interpreting portions of a City ordinance, which if upheld, would prohibit employers from seeking applicants' wage and benefits history.
United States
26 Oct 2017
Philadelphia Becomes The First Jurisdiction In 2016 To Restrict Employers From Using Credit Information In Employment Decisions
On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant's or employee's credit history for employment purposes.
United States
24 Jun 2016
Philadelphia Criminal Background Checks – Fair Chance Hiring Law Poster
As the poster notes, an employer may conduct a criminal background check only after making a conditional offer of employment.
United States
23 Mar 2016
Pennsylvania Court Rules Background Screening Law Unconstitutional
Until any appeal period lapses or any appeal is decided, and while new legislation is considered, the court's decision creates substantial uncertainty for covered employers in Pennsylvania regarding disqualifying criminal record offenses.
United States
20 Jan 2016
Beyond "Ban The Box" – Philadelphia Makes Sweeping Changes To Criminal Records Screening Ordinance
On December 15, Mayor Michael Nutter signed sweeping amendments to Philadelphia's so-called "ban the box" law, the Philadelphia Fair Criminal Records Screening Ordinance.
United States
17 Dec 2015
The Old (Law) Is New Again: Plaintiffs Increasingly Using Old Pennsylvania Law To Challenge Background Check Decisions
In a climate of increased national scrutiny regarding employer use of criminal background screening, plaintiffs are turning to a provision in the Pennsylvania Criminal History Record Information Act (CHRIA), 18 Pa.C.S. ง 9125.
United States
10 Nov 2014
The Swelling Tide Of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures For Employers
The swelling tide of class action litigation against employers under the Fair Credit Reporting Act (FCRA) is unmistakable.
United States
4 Aug 2014
Fair Credit Reporting Act Amendment Offers Important Protections From Lawsuits Targeting Background Check Programs
Criminal background checks obtained for employment purposes are under attack from various sources – the plaintiffs' bar via class and individual lawsuits lodged against employers and consumer reporting agencies, the U.S. Equal Employment Opportunity Commission, regulatory agencies, and the legislatures of states and municipalities.
United States
11 Sep 2013
Workplace Policy Institute: Social Media Password Protection And Privacy — The Patchwork Of State Laws And How It Affects Employers
The unavoidable reach of social media into our personal lives has extended into our professional lives.
United States
13 May 2013
U.S. Supreme Court Tackles Rule 68 Offers Of Judgment Made To A Lead Plaintiff In An FLSA Collective Action
The U.S. Supreme Court has recently ruled in the case of Genesis HealthCare Corporation v. Symczyk.
United States
25 Apr 2013
EEOC Suit Against Employer Screening Applicants Based On Credit History Information Dismissed
In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance.
United States
5 Feb 2013
Ohio Joins Handful Of States That Offer Tort Liability Protections For Businesses That Hire And Employ Rehabilitated Ex-Offenders
In enacting protections from tort liability for negligent hiring and retention claims for businesses that hire and employ rehabilitated ex-offenders, Ohio joins a handful of other states that are introducing such measures to help facilitate the reintegration of ex-offenders into the workforce.
United States
14 Aug 2012
Indiana Passes New Legislation Restricting Criminal History Information Reported In Background Checks
The EEOC's April 25, 2012 updated enforcement guidance on the use of arrest and conviction records by employers has generated renewed and substantial interest.
United States
27 Jun 2012
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