Labor and Employment Law

Recent Posts

New Jersey Limits Use of Criminal History in Hiring Decisions
Posted on 20 Aug 2014 by Sheppard Mullin

by Rachel Tischler As we reported in December 2013 (see here ), New Jersey was on the road to joining 6 other states which have recently passed legislation banning or limiting the use of criminal background checks in the hiring process. On August 11... Read More

Role Reversal! EEOC Must Disclose Its Own Background Check Policy to the Employer It's Suing
Posted on 11 Dec 2014 by Eric Meyer

Monday kinda sucked for the EEOC. The agency that made scrutiny of employee background checks a top priority under its current Strategic Enforcement Plan has been ordered by a federal court to turn over its own background check policy to an employer... Read More

Survey Shows Many Hiring Managers Are Not Bashful About Trolling Applicants Online
Posted on 21 May 2015 by Eric Meyer

It’s funny. (Not “ha ha!” funny. Just, employment-law blogger, wry-smile funny). I read different surveys about social media and hiring and the numbers vary greatly. For every survey that indicates that employers are not using... Read More

The On-Air Shootings at WDBJ-TV: When Bad Things Happen to Good Employees
Posted on 2 Sep 2015 by Robin Shea

What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing. I’m a second-guesser, and I have spent much of the last 48 hours racking my brain about what the CBS affiliate in Roanoke... Read More

Proposed Federal “Ban the Box” Legislation Receives Bipartisan Support
Posted on 3 Nov 2015 by Sheppard Mullin

by Jonathan Sokolowski and Kathleen Simpson* On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The Act would prohibit federal contractors and agencies... Read More

New Poll Reveals Continued Risk in Googling Job Applicants
Posted on 22 May 2015 by Jon Hyman

According to a recently published Harris Poll , 52 percent of employers use social media to research job candidates. This number is up from 43 percent in 2014 and 39 percent in 2013. What information are employers looking for? 60 percent are looking... Read More

U.S. High Court Upholds NASA Employee Background Questionnaire
Posted on 19 Jan 2011 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) A mandatory questionnaire for National Aeronautics and Space Administration (NASA) employees is not only reasonable in light of the federal government's interests but subject to substantial protections against... Read More

New York City Mayor Signs Law Prohibiting Discrimination in Employment Based on Consumer Credit History
Posted on 10 Jun 2015 by David S. Rich

Effective September 3, 2015, a new statute prohibits most employers in New York City, other than employers in the securities industry, from requesting or using an employee’s or a job applicant’s consumer credit history in making employment... Read More

Fourth Circuit Eviscerates EEOC in Background Screening Case
Posted on 23 Feb 2015 by Jon Hyman

Nearly a year ago, the 6th Circuit sent a strong message to the EEOC in dismissing a case regarding its “expert” witness retained to challenge an employer’s use of credit checks. Last Friday, the 4th Circuit affirmed the dismissal of... Read More

BMW Settles EEOC Background-Check Lawsuit For a Cool $1.6 Mil
Posted on 10 Sep 2015 by Jon Hyman

Last month, a South Carolina federal judge denied BMW’s attempt to dismiss an EEOC lawsuit which alleged that the company’s criminal background checks for job applicants had a discriminatory disparate impact on African Americans ( opinion... Read More

Nearly Half of Employers Investigate Job Applicants Online
Posted on 21 Oct 2013 by Eric Meyer

This according to a survey ( here ) released last week. Of the 2,775 hiring managers polled, almost half (48%) responded that employers will use Google or other search engines to research candidates. Nearly the same number (44%) will... Read More

Food Lion Parent Company Settles Multi-Million Dollar FCRA Background Screening Class Action
Posted on 17 Mar 2015 by Troutman Sanders

by David M. Gettings , Tim J. St. George and Alan D. Wingfield On March 2, the plaintiff’s counsel in Brown v. Delhaize America, LLC submitted an unopposed motion for preliminary approval, seeking Court approval of another Fair Credit Reporting... Read More

New Law Restricts Ability of Employers in New Jersey to Ask Job Applicants If They Have Criminal Records
Posted on 11 Sep 2014 by David S. Rich

On August 11, 2014, New Jersey Governor Chris Christie signed into law the New Jersey Opportunity to Compete Act , Pub. L. 2014, ch. 32 (the “Opportunity to Compete Act,” the “NJOCPA,” or the “Act”), which takes effect... Read More

The Lessons of EEOC v. Freeman – “Know When to Hold ’Em. Know When to Fold ’Em.”
Posted on 21 Oct 2015 by Ashley Kasarjian

I was going to skip past this opinion from the District of Maryland until I realized that it started with a reference to a classic country song and, therefore, it immediately moved up my list and became worthy of a closer read. World-renowned poker... Read More

Background Checks...Time For Honesty?
Posted on 1 Sep 2015 by John Holmquist

The tragic shootings involving the WDBJ crew and the subsequent information which is coming to light concerning Vester Flanagan will trigger discussions about workplace violence and employees who have anger issues. There is another issue that should receive... Read More