Nationwide class action claims against employers under the federal Fair Credit Reporting Act are more common now than ever before. The 9th Circuit recently issued an opinion addressing an important procedural issue in FCRA cases: constitutional standing.
Washington State has joined a number of other jurisdictions, including the Washington cities of Seattle and Spokane, by passing a “ban-the-box” law, known as the Washington Fair Chance Act (HB 1298).
Jurisdictions with ban-the-box laws have only been increasing the restrictions on employers—as evident with the recent amendments in Massachusetts and San Francisco.
Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers reinforces this point.
While the surge of state-level legislation introduced in the first quarter of 2018 has waned, some significant labor and employment bills are advancing through their legislative chambers.
On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process.
State and local lawmakers introduced over 250 new labor and employment bills in February, and considered hundreds of others in various stages of the legislative lifecycle.
The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. The plaintiffs’ bar has been flooding the courts with class action lawsuits asserting technical violations of the FCRA's requirements.
