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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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Amazon is about to pay $5M due to background check violations...are you making the same mistakes?

The Fair Credit Reporting Act is complicated.  And scary. And confusing. For these reasons, even the largest and most sophisticated U.S. employers can find themselves ensnared in the FCRA's myriad of hyper-technical background check requirements. 

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State Paid Family Leave Laws: Massachusetts Joins CA, NJ, RI, NY, DC, and WA...

On June 28, 2018, Massachusetts signed into law a paid family and medical leave law, joining California, New Jersey, Rhode Island, New York, Washington D.C., and Washington State.Massachusetts's law will begin providing benefits in 2021 and will cover nearly all private sector employees as follows:

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Harvey Weinstein. Matt Lauer. Charlie Rose. #MeToo..... Legislators React with New Laws and Training Requirements

Maryland, New York State, and New York City are the latest jurisdictions to pass legislation in the wake of the #MeToo Movement. New York joins California, Connecticut, and Maine in legally requiring sexual harassment prevention training in the workplace. 

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New Jersey Becomes 10th State to Enact Paid Sick Leave...Are you in compliance?

Not to be outdone by its New England neighbors (Connecticut, Massachusetts, Rhode Island, and New York City), New Jersey now joins 9 other states and more than 30 local jurisdictions in requiring private employers to provide paid sick leave.  New Jersey's sick leave law will take effect on October 29, 2018, and it applies to almost all paid employees, with the exception of certain construction industry workers, healthcare workers, and public employees.  Under the new law:

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U.S. Supreme Court BREAKING NEWS: Workplace Arbitration Agreements Banning Class Actions Upheld as Legal

In a close 5-4 decision today, in Epic Systems Corp. et al. v. Jacob Lewis et al., 584 U.S. _ (2018), the U.S. Supreme Court upheld employer arbitration agreements requiring applicants and employees to waive their rights to bring or join a class action or collective action (wage and hour class) against the employer.

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