On August 29, 2018, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Robertson v. Allied Solutions, LLC, holding the plaintiff had standing to sue in federal court under the Fair Credit Reporting Act (FCRA).
While some may contend that an amendment to the Fair Credit Reporting Act imposes additional notice duties for employers, that argument does not appear to withstand scrutiny.
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.
