A May 2021 court decision in California caused significant background check delays in some California county courts and left background check companies unable to report some criminal record search results at all. A bill to remedy this delay was vetoed.
California state and local governmental bodies—our state legislature, and counties and cities—were active again this year in their efforts to regulate the workplace.
It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliance challenges. For the past several years, we have reported on employment and labor laws taking effect mid-year.
The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. The FCRA is atypical in that FCRA claims can proceed in either federal or state court.
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA) in federal court.
Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that relate to the nascent law surrounding the use of AI in employment.
Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v. Hamrick.
The Wisconsin Supreme Court has provided much-needed relief to Wisconsin employers by clarifying the state’s background check law, the Wisconsin Fair Employment Act.
As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures.
