Employment Law

District of Columbia: Limitations on Reporting Negative Information in Background Checks Used for Employment Purposes

Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three …

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Are independent contractors considered employees under the FCRA?

Independent Contractor

Unfortunately, there is no clear answer. The Federal Trade Commission (FTC) in its most recent staff report (in 2011) states that “employment purpose” is interpreted broadly and may apply to situations where individuals are not technically employees. Reports on consumers who are clearly not employees under traditional common law principles …

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Does New York law require notice to the employee in order to have a consumer reporting agency conduct a background check in connection with the employee’s misconduct?

The NY FCRA sets forth notice and authorization requirements for investigative consumer reports as shown in “https://law.justia.com/codes/new-york/2017/gbs/article-25/380-c/” NY Gen Bus L § 380-C. However, this section is silent on the issue of employee misconduct investigations and we found no  language in NY FCRA law that is analogous to the federal FCRA exemption …

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Arrest record but no charges

Typically, an arrest record will show the date, arresting agency, and the subject’s name (and other identifiers such as DOB and address), without specifying the charge or charges. The reason for this is twofold: (1) until the district attorney (“DA”) files a criminal case, there are no charges; and (2) …

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Tips for Employers on IRS’ Payroll Tax Deferral

Tips for Employers on IRS’ Payroll Tax Deferral

Last month, the IRS issued guidance (notice 2020-65) on the President’s recent executive order to defer certain payroll tax obligations. Specifically, employers could offer to suspend their workers’ Social Security payroll taxes from Sept. 1 through Dec. 31, 2020. This deferral would apply only to employees whose wages are less …

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EEOC Issues Updated COVID-19 Guidance Addressing Antibody Testing

EEOC Issues Updated COVID-19 Guidance Addressing Antibody Testing

The U.S. Equal Employment Opportunity Commission (EEOC) on June 17, 2020 posted an updated and expanded technical assistance publication addressing questions arising under the federal equal employment opportunity laws related to the COVID-19 pandemic.   The new question added to the publication, “What You Should Know About COVID-19 and the …

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Q1 2020: UPDATE OF LAWS AFFECTING EMPLOYMENT BACKGROUND SCREENING

Q1 2020: UPDATE OF LAWS AFFECTING EMPLOYMENT BACKGROUND SCREENING

As the year and a new decade unfold, we bring you this update on ban-the-box legislation and laws that restrict credit report usage in employment decisions. And no update would be complete without a reminder about a standard-setting federal appellate opinion from 2019 interpreting the Fair Credit Reporting Act (FCRA) disclosure requirement …

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Avoiding Holiday Legal Entanglements

voiding Holiday Legal Entanglements

It’s the happiest time of year – except for employers facing the potential of a religious discrimination lawsuit from employees due to holiday decorations, gift exchanges, and other festivities. While it may seem Grinch-like, such lawsuits are not uncommon. Just a few months ago, the Equal Employment Opportunity Commission (EEOC) …

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Hiring temps – how to keep it legal

Hiring temps – how to keep it legal

Temporary employees. For some companies, they are a great option. Temps can provide needed help during a busy season, fill a short-term gap for an employee on an extended leave or provide expertise for a specific project. But there are several considerations to keep in mind when hiring temporary workers. …

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