Considerations for Employers Bringing Employees Back to Work in the Wake of the COVID-19 Pandemic

Buchalter Client Alert - Buchalter Law Firm

As the White House and state and local governments begin to assess business re-opening measures in the wake of the COVID-19 pandemic, employers are evaluating how to transition employees back to the physical workplace. As a threshold matter, employers must assess applicable state and local governmental orders for restrictions, timing, and guidelines regarding business re-opening, as the lifting of shelter-in-place orders and re-opening measures will vary by region and industry.

Read more: https://www.buchalter.com/publication/buchalter-client-alert-covid-19-considerations-for-employers-bringing-employees-back-to-work-in-the-wake-of-the-covid-19-pandemic/

COVID-19: Credit Reporting in the Age of COVID-19

by Brian M. Forbes and Robert W. Sparkes, III - National Law Review

The CARES Act’s Impact on Furnisher Liability Under the Fair Credit Reporting Act

As part of the federal government’s efforts to provide relief from the economic impact of the COVID-19 pandemic to consumers, Congress took aim at financial services companies that provide consumer account information to credit reporting agencies (CRAs). The reporting activities of those companies, which are known as “furnishers” and include, among others, creditors, mortgage loan servicers and credit card account servicers, are governed by the Fair Credit Reporting Act (FCRA). [1] The Coronavirus Aid, Relief, and Economic Security (CARES) Act, [2] enacted on March 27, 2020, expressly amends FCRA and alters the duties of furnishers when reporting the status of accounts provided with COVID-19-related payment relief. [3] Despite the potential exposure carried by a violation of FCRA generally—either through private civil litigation, most notably class actions, or government enforcement—key defenses remain in place for furnishers to mitigate FCRA liability.

Read more: https://www.natlawreview.com/article/covid-19-credit-reporting-age-covid-19

Employment-Screening Options During the COVID-19 Pandemic

by Roy Maurer - SHRM

The coronavirus crisis has upended normal HR workflows—and pre-employment screening is no exception.

"COVID-19 has caused courts and other public-records repositories and drug-testing laboratories to either close or be difficult to access," said Pamela Devata, an employment attorney and partner in the Chicago office of Seyfarth Shaw. "Criminal and civil records reviews and previous employment and education verifications are not as readily available due to closures and remote working. Some applicants may also be reluctant to visit drug-testing labs, and labs may have suspended in-person services."

Read more: https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Employment-Screening-Drug-Testing-Options-COVID19-Pandemic.aspx

RECAP: Changes to the Fair Credit Reporting Act in the Wake of the Unprecedented COVID-19 Pandemic

by Nadia Adams - National Law Review

With over 22 million Americans currently out of work, the COVID-19 pandemic has proven to be both a global health crisis and a period of economic instability. Over the past few weeks, a number of new regulations have been enacted to ease the financial strain so many Americans are feeling.  Here, we focus specifically on the new credit reporting landscape and what credit reporting agencies and data furnishers should know.

Read more: https://www.natlawreview.com/article/recap-changes-to-fair-credit-reporting-act-wake-unprecedented-covid-19-pandemic

COVID-19: What Should Employers Consider As They Adapt Their Background Screening Program?

by Alonzo Martinez - Forbes

Businesses continue to operate despite the global reach of COVID-19. And while some industries are seeing a momentary downturn in hiring, others are experiencing a seemingly insatiable need for talent. From workers supporting the supply chain to healthcare professionals on the frontlines of the battle against COVID-19, the need to identify and onboard workers is more critical now than ever.

Read more: https://www.forbes.com/sites/alonzomartinez/2020/04/16/covid-19-what-should-employers-consider-as-they-adapt-their-background-screening-program/#74973a7fae0f

Coronavirus: Amid bleak employment picture, Oakland woman got a job but can’t start due to courthouse closures

by Leonardo Castaneda - Bay Area News Group

Whitney Merchant had been looking for a new job since she left AC Transit late last year. Despite the bleak economic conditions caused by COVID-19, she finally landed a position with a major health care company on their coronavirus communications team.

But Merchant hasn’t been able to start work because her new employer can’t complete a standard background check in two Bay Area counties where courthouses have shut down.

Read more: https://www.mercurynews.com/2020/04/08/coronavirus-amid-bleak-employment-picture-oakland-woman-got-a-job-but-cant-start-due-to-courthouse-closures/

CARES Act Amends the Fair Credit Reporting Act for Accommodations Extended to Consumers During COVID-19

by Lynne E. Evans - Duane Morris Banking and Finance Law

Right now, many creditors may be considering making accommodations to consumers affected by COVID-19 by offering different ways to help ease the burden of existing debt obligations. In doing so, creditors should take care to follow the special credit reporting rules for such accommodations set forth in the recently passed Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).

Read more: https://blogs.duanemorris.com/bankinglaw/2020/04/03/cares-act-amends-the-fair-credit-reporting-act-for-accommodations-extended-to-consumers-during-covid-19/#page=1

Ninth Circuit Reinforces Prohibition Against “Extraneous” Information In Background Check Disclosures

by Rod M. Fliegel - Littler

On March 20, 2020, the Ninth Circuit issued its third opinion on the question of when an employer’s background check disclosure satisfies the so-called “standalone” disclosure requirement in the Fair Credit Reporting Act (FCRA).1 The new opinion, like the two prior ones (Syed and Gilberg), reads the text of the FCRA literally, but also provides some practical guidance for drafting such disclosures.  Addressing a separate obligation that employers have to provide “pre-adverse” action notice when relying on background reports, the Ninth Circuit rejected the plaintiff’s argument that the FCRA affords a right to discuss the report directly with the employer.

Read more: https://www.littler.com/publication-press/publication/ninth-circuit-reinforces-prohibition-against-extraneous-information

California AG Proposes Additional Revisions to State Data Privacy Regulations

Commentary by Joseph Moreno - Cadwalader Cabinet

The California Attorney General ("AG") proposed additional modifications to proposed regulations for the California Consumer Privacy Act ("CCPA"), which went into effect on January 1, 2020, and will be enforced starting July 1, 2020.

Read more: https://www.findknowdo.com/news/03/13/2020/california-ag-proposes-additional-revisions-state-data-privacy-regulations

CFPB Proposes Consumer Protection Whistleblower Reward Program

by Jason Zuckerman and Matthew Stock - The National Law Review

To promote the Consumer Financial Protection Bureau’s mission of preventing consumer harm, the CFPB is working with Congress to advance legislation that would create a whistleblower reward program.  The draft legislation creating a CFPB whistleblower reward program is similar to the SEC whistleblower reward program.  Under the proposed program, a whistleblower who provides original information to the CFPB relating to a violation of Federal consumer financial law that results in an enforcement action yielding at least $1,000,000 in monetary sanctions would be eligible for an award of 10 to 30 percent of the collected monetary sanctions.  The Consumer Financial Protection Act of 2010, which created the CFPB includes a provision protecting whistleblowers against retaliation for reporting violations of CFPB rules, but it does not authorize awards to whistleblowers.

Read more: https://www.natlawreview.com/article/cfpb-proposes-consumer-protection-whistleblower-reward-program