Background Checks Notice Requirements

News & Analysis as of

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect Today

Less than two months after the effective date of a new law barring employers’ use of credit checks, another new law restricting the pre-employment process takes effect in New York City today, October 27, 2015 (the Fair Chance...more

Best Practices for Complying with the New York City Fair Chance Act

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law. As many employers are aware, effective October 27, 2015, the Fair Chance Act...more

Background Screening – When is Section 603(y) Applicable?

When a company uses commercial background checks to evaluate the suitability of job applicants, they must comply with the Fair Credit Reporting Act (FCRA), which regulates the collection, dissemination, and use of consumer...more

NYCCHR Publishes Pre-Adverse Action Form

New York City’s new Fair Chance Act goes into effect this Tuesday (October 27, 2015). As discussed in our prior posts, New York employers have long been required – prior to taking adverse action on the basis of an...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

Employment Alert (US): Employers Beware: New York City’s New “Ban-the-Box” Law Takes Effect This October

An increasing number of jurisdictions across the country have adopted legislation in recent years restricting a prospective employer’s ability to run a criminal background check. Colloquially known as “ban the box,” the...more

NYCCHR Issues Guidance on Credit Check Law

The New York City Commission on Human Rights (the “Commission”) has just issued guidance in respect of the Stop Credit Discrimination in Employment Act (the “SCDEA”), which goes into effect September 3, 2015 and modified the...more

FCRA Tip: Keep Hands On

A federal trial court will conduct a trial on a Fair Credit Reporting Act claim because the employer streamlined its background check system. In this case, a bank used a third party service provider to conduct background...more

Notice versus Strict Procedures – Section 613

Section 613 of the Fair Credit Reporting Act (FCRA) requires that consumer reporting agencies (CRAs), when reporting a consumer report for employment purposes which contains public record information, which are likely have an...more

Background Checks? That is the Question

Has your company decided yet whether it will conduct criminal background or credit checks? If you are already using that tool as part of your job screening process, are you keeping up with legal developments in every city,...more

Employers & The Fair Credit Reporting Act: Has Sweet v. LinkedIn Signaled the Next Wave of Social Media Driven Change?

Most employers are at least generally familiar with the The Fair Credit Reporting Act (“FCRA”). FCRA protects consumers whose information is disclosed by consumer reporting agencies. In the employment context, FCRA regulates...more

Employers: What You Need to Know if You Conduct Background Checks - Despite its name the FCRA does not just apply to credit...

Your decision to hire a new employee or promote an existing one may depend on the findings of a background check. Did you know that you need to comply with the Fair Credit Reporting Act (the “FCRA”) if you perform background...more

Rutan 4One1 Fall 2014 Newsletter

In This Issue: - Conducting a Pre-Employment Background Check: Employers Beware - Should You be Engaging in Comparative Advertising to Promote Your Business? - Real Estate Lenders Relief From Serial...more

Seattle City Council Passes Ordinance Restricting Use Of Criminal Background Checks

On June 10, 2013, the Seattle City Council unanimously approved the “Job Assistance Bill,” which restricts when and how employers may seek and use criminal background information....more

Despite Continuing Grace Period, Employers Should Switch To New Fair Credit Reporting Act Notices Now

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress transferred rule-making authority for the relevant portions of the Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC) to the...more

New Year, New FCRA Forms

Do you use a third party service to conduct background checks on job applicants or employees? If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013. ...more

Four Words the Fair Credit Reporting Act Has Class Action Plaintiffs and Their Lawyers Repeating: “Show Me The Money!”

Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

Employment And Labor Insight: Year In Review - Are Your Employment Procedures, Practices And Policies In Compliance?

As we enter 2013, we would like to update you on the importance of reviewing your application, background check procedures, employment policies and employee handbook for compliance with the changing laws in these areas....more

Reminder: Fair Credit Reporting Act Compliance and Reporting Changes Effective January 1, 2013

The federal Fair Credit Reporting Act was enacted in 1971 to regulate the consumer credit reporting industry. Employers that use and request consumer background checks from consumer reporting agencies are automatically...more

eTrends - By January 1, 2013, FCRA Forms Must be Updated

By January 1, 2013, employers and consumer reporting agencies must use revised, updated forms for certain notices required by the Fair Credit Reporting Act (FCRA). The revisions indicate that the recently created Consumer...more

Corrected Forms from Consumer Financial Protection Bureau

As discussed in an earlier blog post, the Consumer Financial Protection Bureau (CFPB) — which now has the responsibility of enforcing the federal Fair Credit Reporting Act (FCRA), a role previously held by the Federal Trade...more

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