Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act....more
Seyfarth Synopsis: In the last three years, employers have seen a sharp increase in the number of employment class actions under the Fair Credit Reporting Act (FCRA). Most of the reported cases involve challenges to the...more
Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo, Inc. under the Fair Credit Reporting Act alleged sufficient injury to establish standing to proceed in...more
Seyfarth Synopsis: On August 5, 2017, the Final Rules and Regulations for the New York City Fair Chance Act (the “FCA”) go into effect. The FCA, which is enforced by the New York City Commission on Human Rights (the...more
Seyfarth Synopsis: Mayor Ed Lee signed the “Parity in Pay Ordinance” (“Ordinance”) on July 19, 2017, prohibiting employers from inquiring about a job applicant’s salary history. The law will go into effect on July 1, 2018...more
7/27/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: In recent years, numerous cities and counties have enacted ordinances restricting the ability of public and private employers to inquire into the criminal histories of applicants during various stages of...more
7/24/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Legislation
Seyfarth Synopsis: San Francisco is likely to be the next jurisdiction to prohibit employers from asking job applicants about wage history. If signed by the Mayor, as expected, the law will go into effect on July 1, 2018...more
Seyfarth Synopsis: UPDATE: The United States District Court for the Eastern District of Pennsylvania dismissed the challenge to the Philadelphia ordinance on May 30, 2017 based upon the Chamber of Commerce for Greater...more
6/9/2017
/ Commerce Clause ,
Due Process ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
First Amendment ,
Fourteenth Amendment ,
Hiring & Firing ,
Home Rule States ,
Job Applicants ,
Local Ordinance ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history...more
Seyfarth Synopsis: On May 4, 2017, New York’s highest court, the Court of Appeals, held that the New York State Human Rights Law (“NYSHRL”) prohibits employers from discriminating on the basis of criminal conviction history....more
Seyfarth Synopsis: Businesses banded together to challenge, on First Amendment and Due Process grounds, the pay equity Ordinance which would ban inquiries into prospective employees’ prior salaries. The Ordinance, which was...more
4/26/2017
/ Commerce Clause ,
Disparate Treatment ,
Due Process ,
First Amendment ,
Fourteenth Amendment ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Home Rule States ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) has approved new regulations, effective July 1, 2017, to limit employers’ use of criminal history when making employment decisions....more
Seyfarth Synopsis: The City of Los Angeles recently issued its Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on compliance with the...more
2/22/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Exceptions ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention
The District of Columbia has become the newest jurisdiction to prohibit employers from inquiring into their job applicants’ and current employees’ credit information. ...more
Seyfarth Synopsis: The City of Los Angeles recently issued its anticipated Rules and Regulations Implementing the Fair Chance Initiative For Hiring (Ban the Box) Ordinance, providing critical guidance to employers on...more
2/3/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Fair Chance Act ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Posting Requirements ,
Record Retention
Seyfarth Synopsis: The Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal convictions. Chief among them, an...more
1/31/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fines ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Penalties ,
Posting Requirements ,
Record Retention ,
Unlawful Hiring Practices
Seyfarth Synopsis: Philadelphia is the next jurisdiction to prohibit employers from inquiring into job applicants’ wage history during the employment application process. ...more
Seyfarth Synopsis: Philadelphia is positioning to be the next jurisdiction to prohibit employers from inquiring into jobapplicants’ wage history during the employment application process....more
Seyfarth Synopsis: The Legislature of the State of Texas has introduced a new bill designed to create uniformity within its borders by prohibiting municipalities and counties from micro-managing the particular steps involved...more
12/23/2016
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Local Ordinance ,
Municipalities ,
Pending Legislation ,
State and Local Government ,
Uniformity
Seyfarth Synopsis: Effective July 1, 2017, the Los Angeles Fair Chance Initiative for Hiring (the “Ordinance”) imposes a host of new unlawful hiring practices upon private employers regarding inquiries into criminal...more
12/12/2016
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fines ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Penalties ,
Posting Requirements ,
Record Retention
Seyfarth Synopsis: Effective July 7, 2016, employers in Philadelphia are prohibited from procuring or using an applicant’s or employee’s credit history for employment purposes.
On June 7, 2016, Philadelphia Mayor...more
Seyfarth Synopsis: Going forward, ATF’s new rule on applications by a trust or legal entity to make or transfer NFA firearms, requires that they be submitted on new forms — including background checks.
The Bureau of...more
Seyfarth Synopsis: The FTC has adjusted its per violation penalties, in some cases by substantial amounts.
In a federal rulemaking published last week, the Federal Trade Commission (FTC) has finalized amendments to...more
On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more
6/29/2016
/ Appeals ,
Article III ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Final Guidance ,
Hiring & Firing ,
Imminent Harm ,
Legitimate State Interest ,
Regulatory Burden ,
Standing ,
Title VII
Seyfarth Synopsis: Connecticut amends its “ban the box” law with regard to employers and modifies technical requirements for consumer reporting agencies. The law is an expansion of Connecticut’s current law, and places...more