On July 24, 2020, the FDIC published a Final Rule regarding Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), which restricts hiring at FDIC-insured depository institutions, such as FDIC member banks.
Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year.
On May 29, 2020, the White House issued a new proclamation on the admission of certain nonimmigrant students and researchers from the People’s Republic of China.
On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal charges for such possession.
It is safe to say that spring 2020 will not soon be forgotten. While the COVID-19 pandemic dominated the news and the attention of federal and state governments alike, the Maryland General Assembly passed several new laws affecting the workplace.
Effective August 25, 2020, Suffolk County will join a growing number of New York jurisdictions in restricting the use of pre-employment inquiries into an applicant’s criminal conviction history.
The 9th Circuit has held that the FCRA permits an employer to provide job applicants with a background check disclosure document at the same time it provides job applicants with other documents, so long as the disclosure is in a “standalone” document.
On April 9, 2020, the Massachusetts’ Department of Criminal Justice Information Systems (DCJIS) passed an Emergency Regulation to address the social distancing limitations due to the COVID-19 pandemic.
On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA).
In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury in fact) to certify a class.
