November

In August, the Seventh Circuit Court of Appeals claimed that a plaintiff who alleges extraneous information in a background check disclosure form lacks the necessary Article III standing to maintain a lawsuit.
 
Cory Groshek submitted 562 applications, seeking employment with various employers, including Tim Warner Cable, Inc., and Great Lakes Higher Education Corporation. He claims the disclosure he signed at the two businesses violated the Fair Credit Reporting Act because it included a liability release and other extraneous information.
 
The Seventh Court concluded that Groshek's claims were removed from any concrete harm or appreciable risk of harm. Groshek v Time Warner Cable, Inc., No. 16-2711 is a good reminder that employers should review their background check forms and procedures to ensure compliance with FCRA regulations.

Blumenthal, Nordrehaug and Bhowmik filed a proposed class action complaint against Marriott Ownership Resorts, Inc., for allegedly failing to provide California employees with the legally required thirty-minute uninterrupted meal periods after five hours of work.

The company also failed to pay all overtime to their California employees and reportedly violated the Fair Credit Reporting Act (FCRA) in the conducting of background checks on their employees.

Marriott could face fines of up to $1,000 for each applicant for which a consumer report was obtained without valid authorization.

Altareek Grice has alleged in a class action lawsuit against Pepsi that the company obtained a consumer report from him without his knowledge or permission when he applied for a job at a bottling plant. He claims Pepsi failed to meet Fair Credit Reporting Act (FCRA) regulations when it didn't use proper disclosures during the background check. Violations of the FCRA could lead to up $1,000 in fines.

Grice represents a nationwide class of individuals that applied for positions with Pepsi and is limited to those who sought employment within the past two years. This could include more than 1,000 members.