Fair Credit Reporting Act

Today we continue with our Year in Review segment, which looks at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California, while offering our thoughts about 2017.  Today we turn to the DC Metro Area.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

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The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and avenues of enforcement.  Employers should be aware of these new requirements and take immediate action to comply with them.  We highlight below the most significant updates in both D.C. and Maryland; there were no changes or additions of significance in Virginia.

Continue Reading 2016 DC Metro Area Employment Law Year In Review

In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal statutes absent a sufficient allegation of the existence of a concrete injury.  The Supreme Court was clear that alleging a bare procedural violation absent any concrete injury to the plaintiff was insufficient to move a case forward.  While it remanded the case to determine whether the plaintiff sufficiently alleged a concrete injury, employers should welcome this decision as a potential end to costly FCRA (and other statutory) class actions based on trivial violations of procedural requirements that don’t harm anyone.

Continue Reading Supreme Court’s Spokeo Decision Strengthens Standing Defense For Employers In FCRA And Other Statutory Class Actions

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products.  The decision in Sweet v. LinkedIn Corp. comes amidst a fluid legal landscape for employers and consumer reporting agencies trying to remain in compliance with the FCRA and provides another example of a court grappling with how to reconcile new technologies with existing statutes.

Continue Reading California District Court Holds That LinkedIn’s “Reference Searches” Function Is Not a Consumer Report Under the Fair Credit Reporting Act

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday.  It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or applicant’s consumer credit history. The law will go into effect in the late summer. We discuss the law and its implications below.

Continue Reading New York City Will Prohibit Most Employers From Basing Employment Decisions on an Applicant or Employee’s Consumer Credit History

Written by Gauri Punjabi

Fair Credit Reporting Act class actions remain on the rise.  The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the FCRA after they fired an employee without providing him with advance notice and an opportunity to dispute certain criminal history information identified on a background report.

Continue Reading Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Written by Robert Sheridan

Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses of big data in the employment arena.

Continue Reading Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment