News & Analysis as of

Criminal Background Checks Negligence

Proskauer - Law and the Workplace

New York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks

On November 16, 2024, the New York Clean Slate Act (the “Act”) will take effect.  The Act provides for the automatic sealing of certain criminal convictions after a specified time period.  It will also require greater...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

North Carolina Legislature Expands Opportunities for Employment of Persons With Criminal Records; Shields Employers From...

North Carolina Governor Roy Cooper recently signed House Bill (HB) 774, which will broaden the situations in which individuals convicted of certain crimes may petition for a “certificate of relief.” HB 774 will help reduce...more

Fisher Phillips

California Just Banned the Box!

Fisher Phillips on

On October 14, Governor Brown signed AB 1008 to prohibit most public and private employers with five or more employees from asking applicants about criminal conviction histories until after a conditional offer of employment...more

Robinson+Cole Data Privacy + Security Insider

Judge finds Genesis Healthcare free of any FCRA violations

On October 1, 2015, U.S. District Judge Mark Kearney rules that Genesis Healthcare LLC (Genesis) did not violate the Fair Credit Reporting Act (FCRA) when it employed a third party to conduct a criminal history background...more

Littler

State Appellate Court Considers Employer’s Duty to Conduct Criminal Background Checks

Littler on

In the last few years, there has been a significant spike in the number of lawsuits challenging employer use of criminal background checks, including class action lawsuits brought under the federal Fair Credit Reporting Act. ...more

Cozen O'Connor

Virginia Shooting Raises Questions About Background Checks

Cozen O'Connor on

First, let me say that most shootings (including the recent incident in Virginia) are random acts of violence by crazy people. It is difficult, if not impossible, to predict when an employee will snap, or whether an...more

Winstead PC

New Texas Statute Limits Employer Liability for Negligent Hiring and Negligent Supervision…Or Does It?

Winstead PC on

When it comes to conducting criminal background checks, employers have long been faced with a double-edged sword. If an employer fails to use criminal background checks to screen job applicants, the employer could face a...more

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