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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally

On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state and federal disclosure requirements. This is a significant development, and one which employers and consumer […]

A Working Interview? You’d Better Pay Me

Recently, the United States District Court for the Middle District of Tennessee approved a permanent injunction and order filed by the United States Department of Labor’s (“DOL”) Office of the Solicitor against a dental practice based in Nashville. In so doing, the Court ordered the practice to pay $50,000 in back wages and liquidated damages […]

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100 Percent Healed Policies – One of the EEOC’s Enforcement Priorities

The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical leave to be fully recovered and to work without any restrictions. According to the EEOC’s […]

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Public-Sector Employees Are Making Lemonade Out of Lemmons

Yesterday, the Supreme Court of the United States unanimously held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act (“the Act”) applies to state and local government employers, regardless of their size. The Act defines “employer” as “a person engaged in an industry affecting commerce who has twenty or more […]

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Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”). Read more about the Summary as well as the Economic Growth, Regulatory Relief, and Consumer Protection Act in our Legal […]

Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically excludes “transsexualism” and “gender identity disorders not resulting from physical impairments” as within the meaning […]

Forget Referring to it as the “Garden State”: New Jersey Just Became the “Equal Pay” State

On April 24, 2018, New Jersey’s Governor, Phil Murphy, signed the Diane B. Allen Equal Pay Act (the “Act”) into law. Recognized as the strongest equal pay law in the United States, the Act amends New Jersey’s Law Against Discrimination to make it unlawful for employers to compensate employees who are members of a protected […]