Articles and Blogs

A recent decision from the 8th Circuit U.S. Court of Appeals granted employers some modest flexibility in conducting and relying on background checks for potential new hires covered by the Fair Credit Reporting Act (“FCRA”). The court made two key rulings: Employers have no obligation under the FCRA to provide job applicants with the... READ MORE

In a recent opinion, the Seventh Circuit Court of Appeals adopted an interpretation of the False Claims Act’s “knowledge” requirement based on the Supreme Court’s interpretation of a similar provision under the Fair Credit Reporting Act. The Court’s application of this interpretation is good news for hospitals and health care systems that must regularly... READ MORE

As you are likely aware, employers who use third parties to perform background checks (e.g., driving record, credit reports, criminal background, etc.) must comply with the Fair Credit Reporting Act (“FCRA”) rules in that regard, including providing the subject consumers (applicants and employees) with notice of their rights. You may not be aware that... READ MORE

What Employers Need to Know about the Fair Credit Reporting Act If you use a third party to conduct background checks, then you have probably heard of the Fair Credit Reporting Act (“FCRA”).  The FCRA is a federal law that imposes several very specific obligations on employers who use third parties to conduct background... READ MORE

Background Checks and Notice Forms The Fair Credit Reporting Act (“FCRA”) imposes numerous notice obligations on employers who use third-party companies to conduct background checks on their employees and job applicants.  Among other requirements, all job applicants must be informed explicitly: 1) that a background check will be conducted on them; 2) given the opportunity... READ MORE