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ASAP
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October 6, 2022

Governor’s Veto Will Likely Result in Continued Delayed or Non-Performable Background Checks in California

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.

Insight
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October 5, 2022

No Rest for California Employers in 2022! Here are the Latest Employment Laws in the Golden State

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.

Insight
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June 23, 2022

July is the New January – New State Laws Do Not Take the Summer Off

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.

ASAP
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April 21, 2022

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About FCRA Compliance

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.

Insight
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April 6, 2022

Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

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.

ASAP
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April 4, 2022

Two Developments Could Impact California’s Proposed Regulations Governing AI and Automated Decision-making

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.

ASAP
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March 21, 2022

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

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.

Insight
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March 11, 2022

Wisconsin Supreme Court Eases the Burden for Employers Defending Arrest and Conviction Record Discrimination Claims Under State Law

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.

Insight
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November 11, 2021

What’s New in 2022? Laws and Regulations Taking Effect in the New Year

2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters.

ASAP
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September 27, 2021

The Rest of the Story (for Now): Employer Prevails in FCRA Class Action Alleging “Stand-Alone” Disclosure Violation

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.

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