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Author Archive for: admin
Entries by admin
California’s FEHA amendment bans employment discrimination for marijuana use
In September 2022, the California Fair Employment and Housing Act (FEHA) was amended to make it unlawful to discriminate against an applicant or employee who has engaged in the lawful use of marijuana outside of work. When the new law (known as “AB 1288”) takes effect on January 1, 2024, with limited exceptions, California employers […]
CFPB Issues Revised FCRA Summary of Rights
On March 17, 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule updating, among other things, the model form for the Fair Credit Reporting Act (FCRA) Summary of Rights (the “Summary”). The CFPB’s changes to the Summary include non-substantive revisions that update contact information for various federal agencies and references to […]
California’s seven-year rule and the date of parole
When it comes to criminal records, the federal Fair Credit Reporting Act (FCRA) does not place any time limit on reporting criminal convictions. No matter how long ago the conviction occurred, it is reportable under the FCRA. Most states follow this rule, but several states, including California, do not. California limits reporting criminal records involving […]
New York Civil Cases and the RJI
State courts often have some quirky procedures, and the New York Supreme Court is no exception. Civil records from the New York Supreme Court typically include a reference to an “RJI” and whether it has been filed. What does “RJI” mean? Definition: RJI is an abbreviation for “Request for Judicial Intervention.” It’s a form that […]
CFPB’s Advisory Opinion on Name-Only Matching for Consumer Reporting
On July 12, 2022, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion related to the Fair Credit Reporting Act (FCRA) that included a warning to consumer reporting agencies not to use name-only matching procedures for information provided in a consumer report. The CFPB’s position is that name-only matching procedures violate the permissible purpose […]
Minnesota Petty Misdemeanors and How to Report Them
Although nearly all state laws include criminal offense levels divided into two types – felonies and misdemeanors – there are many states with offense levels peculiar to their state law. One such peculiarity is Minnesota’s petty misdemeanor offense level. In Minnesota, a petty misdemeanor is the lowest level of offense. Many but not all Minnesota […]
Reporting Employment-related Civil Lawsuits
For employment-purpose reports, the federal Fair Credit Reporting Act (FCRA) and its state law counterparts are the laws that most often deal with when determining whether certain information is or isn’t reportable. However, federal laws prohibiting workplace discrimination can also limit what information can be included in these reports. This issue can arise when civil […]
How to consider sex offender registry records in California (Updated)
For California employers concerned about hiring sex offenders, there are a few important points to keep in mind. An employer has a duty to keep the workplace free of sexual harassment and other forms of discrimination under state law. Under the California Fair Employment and Housing Act (FEHA), an employer can face significant liability if […]
Company Legal Name v. DBA
Every business has a “legal” or “true name.” When researching a company, it is important to identify its legal name. In the case of a corporation or limited liability company, the legal name is the one on its formation document — e.g., the articles of incorporation or articles of organization. As an example, Scherzer International’s […]