By Kristina M. Launey, Scott P. Mallery, David Kim and Galen Sallomi
Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of which employment bills are before the Governor for consideration, including bills that impact non-compete agreements, FEHA protected categories, paid
Continue Reading Legislative Update: Nearing the End of the Road (for 2023)By Pamela Q. Devata , Robert T. Szyba, and Stacey L. Blecher
Seyfarth Synopsis: Over the past few years, restrictions regarding the use of credit checks by employers on applicants and employees have been passed at various state and municipal levels, and the federal government has indicated its own concerns of potential discriminatory impact of the use of
Continue Reading Using Credit Histories in Employment Decisions: An Overview of Divergent State & Local Requirements
By Pamela Q. Devata and Jennifer L. Mora
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 employer’s procedures before ordering a background report. More recently, however, we are seeing more cases
Continue Reading Court Holds that Receiving an Updated Background Report May Require a Second Pre-Adverse Action Notice
By Pamela Q. Devata , Robert T. Szyba, and Stacey L. Blecher
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. Entities that are not direct employers may also be liable, however
Continue Reading New York’s Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History