Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process

In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…

Payless Pays More in Connecticut FLSA Settlement with Store Managers Seeking Overtime Wages

Following on the increase in wage class actions, this week brings us a hefty settlement for shoe retailer, Payless Shoesource Inc. Last March, former Payless store managers filed suit in Connecticut federal court,…

Retailers Should Beware Of Lawsuits Concerning Their Background Check Processes

The employee notice requirements of the Fair Credit Reporting Act (“FCRA”) at times seem like form over substance – but recent litigation underscores that, well, filling out the forms really does matter. The craft…