On June 1, Connecticut Governor Dan Mallory signed the Fair Chance Employment Act (CT HB 5237) into law. The statute, like other “ban the box” laws nationwide, prohibits covered employers from asking about an applicant’s criminal history on an initial employment application.
Under the Act, “employers” are broadly defined to mean “any person engaged in
We are pleased to announce that Troutman Sanders attorneys David Anthony, Ashley Taylor, Paige Fitzgerald, and Laura Anne Kuykendall published a survey through Thomson Reuters which focuses on consumer financial regulation issues for the Commonwealth of Virginia. The survey is formatted as a question and answer guide, and addresses state-specific laws governing
On May 23, a California federal judge issued a written tentative ruling indicating that she would likely approve AutoZone, Inc.’s agreement to pay $5.7 million to settle claims that the company illegally ran credit checks on 200,000 prospective employees.
In September 2014, two individuals filed suit on behalf of a class against AutoZone in the
In Just v. Target Corporation, the plaintiff alleged that Target willfully violated the Fair Credit Reporting Act by providing him with a background check disclosure form that did not consist “solely of the disclosure” that a background check would be obtained. In a victory for employers, the court dismissed the plaintiff’s allegations at the
On May 16, 2016, the Supreme Court of the United States issued its much-anticipated decision in Spokeo, Inc. v. Robins. Spokeo considered whether Congress may confer Article III standing by authorizing a private right of action based on the violation of a federal statute alone, despite a plaintiff having suffered no “real world” harm.
On May 10, 2016, the Federal Trade Commission (FTC) released new guidelines for employment background screening companies for compliance with certain consumer reporting agency requirements of the Fair Credit Reporting Act (FCRA). The FTC’s guidelines are yet another indication that FCRA compliance is a top federal regulatory priority
I. General Application of the FCRA
The
In March, the Supreme Court, in a 6-2 decision, held in Tyson Foods, Inc. v. Bouaphekeo that the district court did not err in certifying and maintaining a class of employees who alleged violations of the Fair Labor Standards Act, notwithstanding the employees’ reliance on “representative evidence” to determine the number of additional hours
The New York City Human Rights Law (the “NYCHRL”) prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The NYCHRL, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes” such
The Sixth Circuit recently affirmed a district court’s decision that the Fair Credit Reporting Act’s statute of limitations commences upon the discovery of facts giving rise to a violation in Rocheleau v. Elder Living Construction, LLC.
In the underlying suit, Plaintiff Richard Rocheleau alleged that Defendants Elder Living Construction, LLC and First Advantage LSN
A proposed class action against Dave & Buster’s Inc., accusing the restaurant and entertainment chain of violating the Fair Credit Reporting Act by using background checks to make adverse employment decisions without sharing the results with employees or applicants, was dismissed with prejudice after the parties submitted a joint stipulation for dismissal. The suit was