Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to lawsuits for noncompliance with disclosure or adverse action requirements. Plaintiffs’ firms are turning their attention to these cases because of the potential for statutory and actual damages, punitive damages, costs and attorneys’ fees. In our recent webinars, we discussed strategies to help employers avoid and defend these claims.
Background Checks: The Advent of the New California Employment Class Action
By Yesenia M. Gallegos, Maria C. Rodriguez, Chris Braham and Marjorie Clara Soto on November 6, 2020
Posted In Employment, Privacy and Data Security
Yesenia M. GallegosYesenia M. Gallegos focuses her labor and employment practice on a wide range of matters, including restrictive covenants, wage and hour law, discrimination and harassment claims, executive employment agreements, leaves of absence, employee terminations and reductions in force. Yesenia represents employers in employment litigation—including class actions—pending in both state and federal court. She also represents employers in actions against former employees in trade-secret and embezzlement actions that require immediate restraining orders, injunctions and/or liens. Read Yesenia Gallegos' full bio.
Maria C. RodriguezMaria C. Rodriguez advises US and international corporations with regard to employment law compliance and mergers and acquisitions; and defends employment cases and class action litigation. She is a trusted advisor to clients helping them avoid or resolve disputes and protect resources through proactive and strategic planning. She is experienced working with clients in the sports, media and entertainment, technology, food and restaurant, airline, transportation and distribution, health care and fashion industries. Read Maria Rodriguez's full bio.
Chris BrahamChristopher A. Braham focuses his practice on employment litigation and counseling. Christopher represents employers in all stages of employment litigation, including in putative class action, single and multi-plaintiff lawsuits concerning claims for meal and rest period violations, failure to pay wages and bonuses, off-the-clock work, misclassification, discrimination, retaliation, wrongful termination and misappropriation of trade secrets. Christopher advocates for clients in state and federal courts and administrative agencies, including in proceedings before the Department of Fair Employment and Housing, the Division of Labor Enforcement Standards and the Equal Employment Opportunity Commission. Read Christopher Braham's full bio.
Marjorie Clara SotoMarjorie Soto’s employment practice covers single-plaintiff and wage and hour class litigation. She defends employers in lawsuits alleging wrongful termination, discrimination, harassment, retaliation, and wage and hour violations. Marjorie has specialized experience working with clients in the food service, retail, materials science & engineering, staffing, and entertainment industries. She also has experience in traditional labor and pay equity best practices. Read Marjorie Soto's full bio.
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