Showing Posts In "Legal Issues" Category





Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable

A judge recently allowed a claim of emotional distress to continue, denying the employer’s motion to dismiss. The case found that the employer knew the plaintiff suffered from post-traumatic stress disorder (PTSD) and waited until one day before she was scheduled to begin work to rescind her job offer. The allegations were such that actions […]


Pepsi Class Action Says Background Checks Violate Federal Law

Altareek Grice has alleged in a class action lawsuit against Pepsi that the company obtained a consumer report from him without his knowledge or permission when he applied for a job at a bottling plant. He claims Pepsi failed to meet Fair Credit Reporting Act (FCRA) regulations when it didn’t use proper disclosures during the […]


Blumenthal Nordrehaug and Bhowmik File a Class Action Lawsuit Against Marriott Ownership Resorts, Inc. For Allegedly Violating the California Labor Code and the FCRA

Blumenthal, Nordrehaug and Bhowmik filed a proposed class action complaint against Marriott Ownership Resorts, Inc., for allegedly failing to provide California employees with the legally required thirty-minute uninterrupted meal periods after five hours of work. The company also failed to pay all overtime to their California employees and reportedly violated the Fair Credit Reporting Act […]


Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

In August, the Seventh Circuit Court of Appeals claimed that a plaintiff who alleges extraneous information in a background check disclosure form lacks the necessary Article III standing to maintain a lawsuit. Cory Groshek submitted 562 applications, seeking employment with various employers, including Tim Warner Cable, Inc., and Great Lakes Higher Education Corporation. He claims […]


Federal Judge Rules State Sex Offender Registry is Unconstitutional

A judge in Colorado has ruled that listing offenders’ personal information, such as names and addresses, gives the public the power to punish beyond what the court has deemed appropriate. He also ruled that the Colorado Sex Offender Registration Act violates the 14th Amendment process of rights. The judge has argued than an individual assessment […]


The Second Circuit Gives Ex-Cons’ Wrongful Termination Suit a Second Chance

The United States Court of Appeals for the Second Circuit recently gave two ex-cons a second chance at pursuing their wrongful termination suit against their employers’ client. New York’s highest court advised that out-of-state entities that aid or abet employment discrimination against individuals with criminal convictions may be liable under New York State Human Rights […]


Governor Christie Announces Bipartisan Agreement on Model Legislation to Reclaim Lives

Governor Chris Christie recently announced a bipartisan agreement on model legislation to help reclaim the millions of family members, friends, neighbors and coworkers in New Jersey and across the country who are stricken by drug addiction. Three new expungement reform bills developed by the governor and Senator Sandra Cunningham (D-Hudson) would prohibit employment discrimination based […]


Spokeo and Standing: Fourth Circuit Applies Spokeo and Reverses Nearly $12 Million FCRA Action Judgement

In May, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act (FCRA) class action. After applying the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins, the court found that […]


Philadelphia Law Firm Gets Record $60 Million Verdict in CA FCRA Class Action

The highest jury verdict in the history of the Fair Credit Reporting Act was reached when the law firms of Francis & Mailman, P.C., Philadelphia, and Anderson, Ogilvie & Brewer, LLC, San Francisco, successfully obtained $60,055,800 in statutory and punitive damages. The class action was brought against the Trans Union credit reporting agency based upon […]


New California Regulations Further Limit Employers’ Ability to Use Criminal History in Making Employment Decisions

New regulations from the California Fair Employment and Housing Council that will go into effect July 1 will limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment decisions. Key changes include adverse impact on protected classes, notice prior to adverse employment action and marijuana possession convictions. […]




Subscribe to our Publications