• Posts by Jennifer Grock
    Posts by Jennifer Grock
    Partner

    Jennifer Grock focuses her practice on advising and counseling employers on all aspects of the employment relationship. She is dedicated to client service and believes in taking a proactive approach that emphasizes each ...

The federal Fair Credit Reporting Act (“FCRA”) permits background checks for employment purposes, so long as employers obtain authorization from and provide the appropriate “stand-alone” disclosure to the applicant or employee regarding the background check, among other requirements. Willful violations of the FCRA’s stand-alone disclosure requirement can lead to recovery of statutory damages ranging from $100 to $1,000 per violation. Thus, a central issue in FCRA cases is whether the employer’s violation is “willful,” which requires a showing that the defendant’s conduct was “intentional” or “reckless.” 

Categories: Litigation
California’s Department of Industrial Relations Issues the 2022 Supplemental Paid Sick Leave Model Notice and Frequently Asked Questions

California’s new statewide supplemental paid sick leave (SPSL) law, SB 114, went into effect on February 19, 2022. SB 114 required the State’s Labor Commissioner to issue a “model notice,” which employers must then post in the workplace or, if an employer’s employees do not frequent a workplace, the employer must distribute the notice electronically (such as by email). On February 16th, the Labor Commissioner issued the new model notice, which is available here.

U.S. Supreme Court Stays Federal OSHA’s Large Employer COVID-19 Vaccine and Testing Mandate; CMS Mandate Upheld

On January 13, 2022, the U.S. Supreme Court stayed the federal Occupational Safety and Health Administration (OSHA)’s Emergency Temporary Standard (ETS), which required large employers (with 100 or more employees) to institute a policy requiring their employees to be vaccinated against COVID-19 or undergo weekly testing. The Supreme Court’s ruling stayed the vaccine and testing mandate on the basis that OSHA had exceeded its authority in enacting the emergency rule (and that those challenging the mandate were likely to succeed). The Court described the federal ETS as “a significant encroachment into the lives—and health—of a vast number of employees.” Enforcement of the OSHA rule is currently on hold, pending further litigation on the merits.

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