Thursday, July 22, 2021
As COVID-19 restrictions continue to relax, manufacturers are facing an ever-tightening labor market. Amidst supply-chain disruptions and computer chip shortages, human capital is proving to be increasingly scarce. Many manufacturers are struggling to fill open positions.
While some manufacturers are turning to automation as a solution to the labor shortage, other companies are grappling with the decision of whether to hire workers they may have traditionally excluded from manufacturing positions, such as workers with a history of criminal convictions or who test positive for medical or recreational marijuana use in states where it might still be permissible to do so.
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T-Mobile Workers Fight Uphill To Save Fair Credit Claims
Law360 (July 22, 2021, 6:45 PM EDT) A California federal judge suggested Thursday he is likely to dismiss Fair Credit Reporting Act claims against T-Mobile in a larger proposed class action accusing the wireless network operator of improperly conducting background checks and seeking credit reports on its employees and job seekers, saying he saw no plausible arguments of any willful violations.
U.S. District Judge George Wu told the parties during a remote hearing on T-Mobile s motion to dismiss that he was so far unmoved by plaintiff Justin Grant s argument that a 2017 Ninth Circuit ruling issued just 10 days before Grant signed a disclosure form may.
Thursday, July 22, 2021
On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit information and access to their credit reports. In the employment context, the FCRA most frequently applies to background checks, including class actions alleging the most common background check claim unlawful disclosure and authorization screens/forms (usually because of too much or too little information) resulting in an informational injury.
In this new decision,
TransUnion LLC v. Ramirez (No. 20-297), the Supreme Court addressed standing for certain FCRA claims. Standing is the legal requirement to bring and maintain a claim in federal court. To have standing, a party normally needs to have a sufficient legal interest and injury. There are some parallels between some of the
[co-author: David Anthony]
In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted.
The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing. Last year, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. Here, we dare to relive 2020 by revisiting the top appellate FCRA decisions.
Originally published in Litigation Section, Vol. 20, No. 1, Summer 2021, by the American Bar Association.
Please see full Publication below for more information.
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