August



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August 14, 2017
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Five Guys Burgers Faces Employment Class Action Lawsuit

Plaintiff Jeremy R. Lusk has filed a class action lawsuit against Five Guys Burgers.
 
The former employee claims the company violated the Fair Credit Reporting Act (FCRA) and California labor law when it conducted background checks on employees without properly notifying them and committed a number of wage and hour violations.
 
The complaint also asserts that the company regularly secured credit and background reports on employees, conducted background checks on potential, current and former employees and used this information in hiring decisions without providing clear disclosures.
 
The suit alleges violations of the FCRA, California 's Consumer Credit Reporting Agencies Act (CCCRA), Investigative Consumer Reporting Agencies Act (ICRAA) and California 's Unfair Competition Law and state labor code.

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August 14, 2017
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New Regulations Limit Employers' Ability To Use Criminal History In Making Employment Decisions

New regulations from the California Fair Employment and Housing Council that will go into effect July 1 will limit an employer's ability to consider the criminal history of a job applicant or employee when making employment decisions.

Key changes include adverse impact on protected classes, notice prior to adverse employment action and marijuana possession convictions. The regulations are part of a larger trend in California to restrict the use of criminal history records in making employment decisions.

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August 14, 2017
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Philadelphia Law Firm Gets Record $60 Million Verdict In CA FCRA Class Action

The highest jury verdict in the history of the Fair Credit Reporting Act was reached when the law firms of Francis & Mailman, P.C., Philadelphia, and Anderson, Ogilvie & Brewer, LLC, San Francisco, successfully obtained $60,055,800 in statutory and punitive damages.
 
The class action was brought against the Trans Union credit reporting agency based upon its practice of falsely associating consumers with the federal government's Office of Foreign Assets Control (OFAC) terrorist watchlist.
 
Sergio L. Ramirez brought the case on behalf of a class of similarly situated individuals after he was denied the ability to buy a car. Trans Union reported that he was a narcotics kingpin on the government's OFAC list. Ramirez had a different middle name, date of birth and address from any of the records.

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