Category Archives: Recent Posts

Staffing Company Settles FCRA Class Action Lawsuit

 ArrowFigures

Written By ESR News Blog Editor Thomas Ahearn

A staffing company has agreed to settle a class action lawsuit that claims the firm allegedly violated the federal Fair Credit Reporting Act (FCRA) when obtaining background checks on job applicants, according to a TopClassActions.com report. Continue reading

New York City Employers Must Ban the Box Starting October 27

 BanTheBox

Written By ESR News Blog Editor Thomas Ahearn

Private employers in New York City should prepare to Ban the Box on job applications when the Fair Chance Act (FCA) takes effect on October 27, 2015 to promote the hiring of individuals with prior criminal records and prohibit discrimination based on the arrest records or criminal convictions of job applicants. Continue reading

US and EU Need Safe Harbor Solution by End of January 2016 to Avoid Enforcement Action

Safe-Harbor

Written By ESR News Blog Editor Thomas Ahearn

In the wake of the landmark October 6, 2015 ruling by the Court of Justice of the European Union (CJEU) that invalidated the “Safe Harbor” data transfer pact between the United States (US) and European Union (EU), privacy watchdog group Article 29 Working Party has called on the US and EU to find a new solution by the end of January 2016 to avoid possible enforcement action, according to a statement from the Article 29 Working Party. Continue reading

Amazon Motion of Summary Judgement Denied in FCRA Lawsuit

GavelFCRAClassActionLawsuit

Written By ESR News Blog Editor Thomas Ahearn

A judge in Washington state has denied a motion of summary judgement filed by Amazon.com and a staffing company in a class action lawsuit claiming the online retail giant violated the federal Fair Credit Reporting Act (FCRA), according to a TopClassActions.com report. Continue reading

Ban the Box Toolkit from NELP Helps Advocates Start a Fair Chance Campaign

BanTheBox

Written By ESR News Blog Editor Thomas Ahearn

The National Employment Law Project (NELP) – a national advocacy organization for employment rights of lower-wage workers – is offering a Ban the Box Toolkit to provide advocates with a step-by-step guide on how to launch a Fair Chance campaign in their city or state to ban the box that job applicants are asked to check on employment applications to indicate that they have a past criminal record. Continue reading

New California Law Limits Misuse of E-Verify by Employers

 BP_MagnifyingRedMan

Written By ESR News Blog Editor Thomas Ahearn

California Governor Jerry Brown has signed Assembly Bill (AB) 622 which takes effect on January 1, 2016 and will limit the misuse of the E-Verify employment eligibility verification system by prohibiting employers from using E-Verify in a manner not prescribed by federal law. Continue reading

Judge Rules Healthcare Provider Complied With FCRA in Background Check Lawsuit

 FCRAbook

Written By ESR News Blog Editor Thomas Ahearn

A Pennsylvania federal judge has ruled in a class action lawsuit over background checks that Genesis Healthcare LLC complied with the federal Fair Credit Reporting Act (FCRA) when obtaining the criminal history of a job applicant from a third party background check provider. Continue reading

New NLRB Joint Employer Standard Could Increase Liability for Acts of Staffing Vendors

 ArrowFigures

Written By ESR News Blog Editor Thomas Ahearn

The dangers of lawsuits against employers for the actions of their staffing vendors may have increased with the August 27, 2015 decision by the National Labor Relations Board (NLRB) in a case where the definition of a “joint” employer was expanded by holding that the ability of an employer to exercise control over a worker can create joint employment, according to one safe hiring expert. Continue reading

Amazon Faces Second FCRA Class Action Lawsuit

 GavelFCRAClassActionLawsuit

Written By ESR News Blog Editor Thomas Ahearn

A class action lawsuit filed against Amazon claims the online retailer violated the federal Fair Credit Reporting Act (FCRA) for not warning an applicant about a negative background check report neglecting to give him a chance to fix errors on the report, according to TomClassActions.com. Continue reading

Lawsuit Against Kohl’s Over Background Checks Dismissed

GavelFCRAClassActionLawsuit 

Written By ESR News Blog Editor Thomas Ahearn

A California federal judge has granted a Motion to Dismiss in a class action lawsuit against Kohl’s Department Stores Inc. that claimed the company conducted improper background checks on job applicants in violation of the federal Fair Credit Reporting Act (FCRA). Continue reading