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Class Action Lawsuits Continue To Target Employers For Hyper-Technical Background Check Violations

On the heels of Amazon's $5 million settlement for background check violations, which we covered in this blog post, FCRA class action lawsuits continue to be on the rise.  

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Ready, Set, VOTE! State-Specific Requirements for Employers

With elections around the corner, this blog provides a refresher regarding state-specific employment law requirements relating to voting. 

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Attention California Employers: New Laws Are Bringing Changes to Your Workplace in the #MeToo Era

One year later, the #MeToo movement still has steam.

It's been a year since the first headlines broke, but the #MeToo movement is still inspiring changes in workplaces throughout the country - most recently in California. In addition to legally mandated sexual harassment trainings, which we covered in this blog post, companies with California employees should know about a slew of new bills signed into law in September by California Governor Jerry Brown. These new laws affect every stage of the employment relationship, from hiring new applicants to settling claims with former employees.

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Michigan Becomes 11th State to Enact Mandatory Paid Sick Leave

Michigan (and multi-state) employers need to evaluate their vacation, sick, and paid time off (PTO) policies to ensure compliance with Michigan's new "Earned Sick Time Act," passed on September 5, 2018.  The Act goes into effect March 2019.  Previous posts about state and local sick leave laws can be found here and here.

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Illinois Becomes the 9th State to Require Employers to Reimburse Employees for Data Plans, Phone Lines, Internet Service, and Equipment Used for Work

On August 26, 2018, Illinois amended the Wage Payment and Collection Act (IWPCA) to become the 9th jurisdiction to require employers to reimburse employees for all expenses within the scope of their employment that are "directly related to services performed for [their] employer[s]."  The new Illinois law is effective January 1, 2019. 

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IMPORTANT LEGAL UPDATE: NEW BACKGROUND CHECK NOTICE REQUIRED, EFFECTIVE SEPTEMBER 21, 2018

As you may recall from our previous post, employers that run background checks are subject to a myriad of hyper-technical requirements under the Fair Credit Reporting Act (FCRA). Amazon is about to pay $5M due to background check violations...are you making the same mistakes?  [Click here for more].

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Non-Competes at Risk

A non-compete provision can prevent a talented employee from leaving to work for the competition.  This protection is good for the employer that has invested significant training time and resources in the employee, especially when the employee has access to confidential information, client relationships and trade secrets. 

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"How much money did you make at your last job?"

It's a question employers love, but did you know it could be against the law to ask about an applicant's pay history? 

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Connecticut Offshore Office License Restriction

Starting October 1, Connecticut Prohibits Collection from Offshore Offices!

On October 1, 2018, a new Connecticut law will prohibit licensed collection agencies from contacting Connecticut consumers from offshore and nearshore offices.  The new law requires that "[a]ny activity subject to licensure . . . shall be conducted from an office located in a state."  The law defines a state to include any state, district, or territory of the United States, but not foreign jurisdictions.  In other words, starting October 1, licensed collection agencies may not contact Connecticut consumers from foreign offices.    

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Dangerous Decision: Second Circuit Confirms FDCPA Strict Liability Standard for Misrepresenting Debt

Last Friday, July 24, the Second Circuit released Vangorden v. Second Round, Limited Partnership.  In short, the Second Circuit reversed the lower court's (E.D. NY) decision and held that debt collectors will be held strictly liable for misrepresenting an incorrect debt regardless of the initial notice a consumer receives.

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