Tag Archives: Employment Law

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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Reporting Employment-related Civil Lawsuits

For employment-purpose reports, the federal Fair Credit Reporting Act (FCRA) and its state law counterparts are the laws that most often deal with when determining whether certain information is or isn’t reportable. However, federal laws prohibiting workplace discrimination can also limit what information can be included in these reports. This …

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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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Employer Guidance on Revised FMLA Forms

Best Practices: Contracts and Client Relationships During COVID-19

On July 17, 2020 the US Department of Labor issued new optional Family and Medical Leave Act (FMLA) forms. The FMLA is a federal law that permits eligible employees with qualifying medical conditions to take up to 12 workweeks of unpaid leave. According to the DOL, the two-step forms will …

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Employers and the CCPA

Employers and the CCPA

Unless a California employer has been hiding under a rock, chances are that the company is aware of the impending California Consumer Privacy Act (CCPA). Signed into law in June 2018 as a quickly-enacted compromise to prevent an even stricter initiative from appearing on the ballot, the CCPA is the …

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Unconscious bias in the workplace

Unconscious bias in the workplace

A new advertisement from Procter & Gamble features an African-American man going about his day. While walking down a street, a mother shuts her car window as he walks by; he garners suspicious glances while shopping and a couple elects not to sit near him in a restaurant. The commercial, …

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Potential Issues in using Social Media Information in Employment Decisions (Discussion)

Potential Issues in using Social Media Information in Employment Decisions (Discussion)

Below are some of the common issues and considerations for using social media information in employment decisions. Illegal discrimination According to a 2018 national survey conducted on behalf of CareerBuilder by Harris Poll, 70% of employers use social media to screen candidates before hiring. While they may not be searching …

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Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California Check Cashing Stores, LLC instructed employers about the importance of complying with background check disclosure requirements found in the Fair Credit Reporting Act (FCRA). Pursuant to the federal statute, employers who want to obtain …

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2018 Year-End Recap of State and Local Laws on Background Screening

State and Local Laws

2018 was a big year with the hottest legislative trends for private employers: laws limiting background checks in the form of “ban-the-box” measures, credit check restrictions and prohibitions on inquiries into salary history. With many new laws requiring compliance over the last year – and two that took effect January …

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Independent contractors and the FCRA

Independent contractors and the FCRA

Must employers provide the protections required by the Fair Credit Reporting Act (FCRA) to prospective independent contractors?  Not according to a new decision from an Iowa court (see Smith v. Mutual of Omaha Insurance Company, No. 4:17-cv-00443 (S.D. Iowa Oct. 4, 2018)) which grappled with the question in the context …

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