Showing Posts In "Legal Issues" Category

Georgia Targets Elder Abuse with Tough New Long-Term Care Background Check Law

The Georgia Long-Term Care Background Check Program, which will take effect Oct. 1, 2019, is intended to promote public safety for a growing and vulnerable aging population. The new law will require care workers with direct access to seniors in long-term care facilities to pass a national background check. A fingerprinting requirement also is expected […]

FCRA Class Action Dismissed by Missouri Court of Appeals for Lack of Standing

The plaintiff in a class action filed in Cole County Circuit Court against Kelly Services claimed that the company violated the Fair Credit Reporting Act when it included more information in its disclosure form than was allowed and by not providing him with either the report or a summary of his rights. Although it was […]

Consumer Reporting Agency Cannot Snuff Out Adverse Action Claim at Pleadings Stage

Although it is the responsibility of the employer to provide potential candidates with a copy of the report and a summary of rights, the District Court for the District of Delaware reached a conflicting conclusion in the pleadings stage in Doe v. Trinity Logistics. In the case, the plaintiff applying for a job at Trinity […]

In North Carolina, Civil Relief for Applicants with Criminal Records is Now Within Reach

North Carolina Governor Roy Cooper recently signed House Bill 774, which provides judges with discretion for reducing civil barriers to employment, housing, and other essential opportunities impacting individuals with criminal records. The new law, when it goes into effect on Dec. 1, 2018, would expand certificate of relief eligibility to individuals with up to three […]

Pepsi Background Check Class Action Settlement

Individuals who had a background check run between June 19, 2015, and Oct. 2, 2017, by Bottling Group LLC, Grayhawk Leasing LLC or New Bern Transport Co., could be entitled to a cash payment from a $1.19 million Fair Credit Reporting Act (FCRA) settlement. A former employee filed the class action lawsuit in 2017, claiming […]

The Ninth Circuit Holds Plaintiff Lacked Standing for an Alleged Violation of the FCRAs Pre-Adverse Action Notice Provision

The U.S. Court of Appeals for the Ninth Circuit recently issued an opinion in Dutta v. State Farm, addressing constitutional standing in Fair Credit Reporting Act (FCRA) cases. The Ninth Circuit ruled for the employer in the case, affirming summary judgment on the ground that the plaintiff lacked standing to assert his claim for violation […]

North Carolina Legislature Expands Opportunities for Employment of Persons With Criminal Records Shields Employers From Negligence Claims

House Bill (HB) 774 recently was signed by North Carolina Governor Ray Cooper and aims to broaden the situations in which individuals convicted of certain crimes may petition for a certificate of relief. The bill, which was unanimously passed, will help reduce the risks employers may face when hiring persons with criminal convictions. Under the […]

NJ Appellate Court: You Have the Right to Obtain Public Records Even If You Live Out of State

Under New Jerseys Open Public Records Act (OPRA), the term citizens applies to the general public and now, thanks to a decision of the New Jersey Appellate Division, individuals are not limited to the state. The ruling comes after an out-of-state citizen filed an OPRA lawsuit in Burlington County after the Atlantic County Municipal Joint […]

Does the New California Privacy Law Apply to Your Business?

According to an analysis by the International Association of Privacy Professionals, almost half a million United States companies will be impacted by the passage of the California Consumer Privacy Act. The law, which applies to businesses, such as sole proprietorships, partnerships, limited liability companies, corporations, associations or other legal entities that collect a consumers personal […]

California Attempts to Clarify Salary History Ban Legislation

California Governor Brown recently signed into law Assembly Bill No. 2282, which is intended to clarify previously passed legislation that prohibits inquiries into an applicants salary history. AB 2282 clarifies the term applicant to mean an individual who seeks employment with the employer, not a current employee. In addition, pay scale has been defined as […]

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