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Ninth Circuit Holds Employers May Provide a Standalone Background Check Disclosure Concurrently With Other Documents

On April 24, 2020, the Ninth Circuit held that the Fair Credit Reporting Act (FCRA) permits an employer to provide job applicants with a background check disclosure document at the same time the employer provides job...more

New Year, New Local Ban-the-Box Restrictions on Background Checks

With the start of a new year—and a new decade—employers in San Francisco, California, Waterloo, Iowa, and Grand Rapids, Michigan, must follow new “ban-the-box” laws restricting their use of criminal records in hiring and...more

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

California Supreme Court Holds Independent Contractor Misclassification Claims Can Be Determined by Common Proof – But Only in...

In its first employment-related class certification decision since its seminal ruling in Duran v. U.S. Bank, the California Supreme Court, in a fragmented opinion, reversed the denial of class certification for a group of...more

Brinker Redux: California Superior Court Certifies Meal Break Class And Denies Decertification Of Rest Period Class

After the tortuous appellate process that finally resulted in the seminal California Supreme Court Brinker Restaurant Corporation1 decision defining the legal duty to provide a meal period and authorize rest breaks, you might...more

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