Home Depot case dismissed; No injury alleged under Spokeo

The U.S. District Court for the Central District of California dismissed a suit against Home Depot brought by a plaintiff alleging that the retailer violated the FCRA by combining various forms in to one document.  Citing Spokeo, the court dismissed the complaint because the plaintiff did not allege a concrete injury. Case: Saltzberg v. Home… Continue reading Home Depot case dismissed; No injury alleged under Spokeo

Littler takes on FTC “advice” for background checks

Attorneys at Littler recently blogged about a recent FTC blog that suggests that background checks are simple and that employers should keep it simple.  As noted by Littler Vigorous disputes over what wording and format satisfies the FCRA have spawned innumerable lawsuits, including dozens of massive nationwide class action lawsuits against employers of all sizes… Continue reading Littler takes on FTC “advice” for background checks

FTC Offers Advice to Employers on Background Checks

Today, the FTC made a blog posting, Background checks on prospective employers: Keep required disclosures simple.  The posting does not break any new ground, but it is a good reminder that the FTC is watching businesses and how they conduct background checks on workers.

FTC Reminds Users not to “Double-Dip”

Tiffany George at the FTC recently posted made a blog posting reminding users of their FCRA obligations. Her caution is against “double-dipping”.  Meaning that “[i]f [users] get a consumer report for one purpose, [they should not] use it for a different purpose.”  The posting also encourages users to review “the Notice to Users of Consumer… Continue reading FTC Reminds Users not to “Double-Dip”

Second SEPTA?

A leading case in the use of criminal background checks for employment purposes is El v. Southeastern Pennsylvania Transportation Authority (“SEPTA”), 479 F. 3d 232 (3rd Cir. 2007). SEPTA has been sued again for alleged employment screening violations.

Dollar General Settles Private Case; It’s More Than a Dollar

Dollar General continues to be locked in to a battle with the EEOC in federal court in Illinois over the company’s criminal background checks. In a separate and unrelated case, Dollar General has agreed to settle a putative class action in Virginia which alleged that the company failed to properly notify over 200,000 job applicants… Continue reading Dollar General Settles Private Case; It’s More Than a Dollar

Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers

The Littler law firm recently issued a paper, noting the “swelling tide of class action litigation against employers under the [FCRA].” A note accompanying the publication adds that “[t]hese lawsuits…typically…allege hyper-technical non-compliance with the FCRA (e.g., supposed defects in the employer’s pre-employment forms and template notices). That is, the lawsuits appear to be lawyer-contrived cash grabs… Continue reading Littler: The Swelling Tide of FCRA Litigation Creates Rough Seas for Employers