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BT Currents - Hot Topics in Employment Law

08 Nov California Employers Can Expect More Employment Litigation in 2019

In light of the #metoo movement, a new law in California will strengthen laws prohibiting all forms of harassment in the workplace.   On Sept. 30, California Governor Jerry Brown signed SB 1300 which, among other things, expands the ability of California employees to file harassment lawsuits against their employers in ways they were not able to in the past. The law takes effect on January 1, 2019.   Most notably, the law expressly rejects the Ninth Circuit’s opinion in Brooks v. City of San…

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29 Mar Liability Waiver in Pre-Employment Disclosure Form is Unlawful, Says Ninth Circuit

  In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that a prospective employer violated the disclosure requirements of the Fair Credit Reporting Act (FCRA) by including a liability waiver in a job applicant’s pre-employment form. The provision of the FCRA at issue – 15 U.S.C. § 1681b(b)(2)(A) – requires prospective employers to disclose “in a document that consists solely of that disclosure” that they may obtain a job applicant’s consumer report as part of the employment application…

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