Showing Posts In "Legal Issues" Category

California Passes State-Wide Ban-the-Box Law

California Governor Jerry Brown signed Assembly Bill 1008, which amends the Fair Employment and Housing Act (FEHA) to add new Government Code section 12952. The section, which will restrict an employer’s ability to make hiring decisions based on an applicant’s conviction records, will apply to employers with five or more employees. Only a small handful […]

California Enacts Law Barring Pre-Employment Inquiries About Salary History

California Governor Jerry Brown recently signed into law a statute that prohibits employers from seeking salary-history information about an applicant for employment. Including compensation and benefits information, the prohibition applies to both salary-history inquiries and those made by an agency acting on behalf of an employer. It also prohibits employers from relying in whole or […]

CA Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leave

California Governor Jerry Brown signed several bills in October, two of which focus on the information employers can obtain from potential job applicants. AB 168 makes it unlawful for California employers to obtain or rely upon an applicant’s salary history to determine job eligibility and/or salary. It does not, however, prohibit a job applicant from […]

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 […]

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