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Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

Ogletree Deakins • August 15, 2017
The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA) class action lawsuits. On August 1, 2017, the Seventh Circuit held that a plaintiff who alleged extraneous information in a background check disclosure form, without more, lacks the necessary Article III standing to maintain a lawsuit. Groshek v Time Warner Cable, Inc., No. 16-2711.

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

Fisher Phillips • August 15, 2017
Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc., Case No. 16-7108, the Court concluded that the plaintiffs’ heightened risk of future identity theft was sufficient to show standing at the pleading stage. With CareFirst, the D.C. Circuit becomes the second U.S. Court of Appeals to reach this conclusion. The Second Circuit, in Remijas v. Neiman Marcus Grp., 794 F.3d 688 (7th Cir. 2015), was the first.

New Sexual Violence Prevention Education Policy Adopted by National Collegiate Athletic Association

Jackson Lewis P.C. • August 15, 2017
Coaches, athletics administrators, and student-athletes must be educated in sexual violence prevention under a policy adopted by the National Collegiate Athletic Association (NCAA) Board of Governors on August 8, 2017.

Oregon Enacts First-of-Its-Kind Comprehensive State Scheduling Law

Ogletree Deakins • August 15, 2017
Food service, hospitality and retail industry employers operating in Oregon with at least 500 employees will soon be required to comply with a new law that regulates how they are to schedule employees' work hours. The signing of this law on August 8 by Governor Kate Brown makes Oregon the first state to regulate such practices. Similar laws have been enacted at the local level in New York City, San Francisco and Seattle.

North Carolina Establishes New Office to Investigate Employee Misclassification

XpertHR • August 15, 2017
North Carolina employers will soon operate under the watchful gaze of a new government subagency whose sole mission will be to combat employee misclassification.

San Francisco Enacts Local Lactation Accommodation Ordinance

Carothers DiSante & Freudenberger LLP • August 15, 2017
Over the last several years, San Francisco has enacted a number of local ordinances imposing new mandates on employers who have employees working in the City. City lawmakers are at it again, this time concerning the issue of lactation accommodation in the workplace. Even though there are already state and federal laws requiring employers to provide lactation accommodations to nursing moms, San Francisco has (unnecessarily) adopted its own local ordinance on the topic. Under the local ordinance, which takes effect January 1, 2018, private employers who employ workers in the City of San Francisco (including part-time workers) are required to provide a reasonable amount of break time to any such worker for the purpose of expressing breast milk for the employee's child. The break time will run concurrently with any paid rest break time already required to be provided to the employee. However, if more break time is required for purposes of expressing milk, such break time may be unpaid.
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