Archives: Employment Law

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Prospective Employees Must Show Actual Harm From Failure to Properly Disclose Background Checks

Consent to a background check seems to be a part of any employment application these days, whether the job sought is with a large corporation or the corner deli. Employers gain a measure of protection from conducting background checks on prospective employees. They are useful for verifying that the prospective employee has been honest about … Continue Reading

Employers Beware: The Ninth Circuit Finds That Liability Waivers in Consumer Report Disclosures “Willfully” Violate the FCRA

On January 20, 2017, the Ninth Circuit Court of Appeals issued an opinion with far-reaching consequences for employers’ liability under the Fair Credit Reporting Act (15 U.S.C. § 1681b(b)(2)(A)), and which could impact insurance coverage for such liability. In Syed v. M-I, LLC, et al., 2017 WL 242559 (9th Cir. Jan. 20, 2017), the court … Continue Reading
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