Background Checks – FCRA
Fair Credit Reporting Act (FCRA) Violations Were you wrongfully denied employment due to a background check? Or do you feel like you’re a victim of a Fair Credit Reporting Act violation? Before any employer can conduct a background check constituting a “consumer report,” he or she must do several things to ensure compliance with the Fair Credit Reporting Act (“FCRA”). →
Protection from Retaliation
Many State and Federal laws contained provisions that prevent retaliation against an individual or employee for enforcing their rights under those laws. Cornell University has an excellent summary of the federal laws that prohibit retaliation. You can access the summary here. Cornell University. →
Settling FLSA claims without DOL approval
In Martin, et al. v. Spring Break ‘83 Productions LLC, et al. the 5th U.S. Circuit Court of Appeals held that a private settlement agreement is enforceable if an employer and an employee have a bona fide dispute as to the amount of hours the employee worked or as to the compensation due to the employee. The question now becomes what is →
Using Confidential Documents in Claims Against Your Employer
It is increasingly common for employees pursuing claims against their employer to use their access to files and databases to gather, in blatant violation of company policy, confidential documents and data that they believe are relevant to their claims. Counsel often becomes aware of this misconduct during an internal investigation or after litigation is commenced, often when the employee or →