Because of new legislation effective on 10-1-2023 affecting criminal record checks on job applicants in the State of California, we feel that it will be necessary to obtain copies of any and all available court record information on any type of criminal record that comes up in a background check before it is reported to [...]
The state of Michigan recently passed a law that requires Michigan Courts to expunge certain types of conviction records either 7 or 10 years after the person was convicted of a crime. The law goes into effect in April 2023. The full extent of the law is outlined in Section 780.621c. As of [...]
In a recent decision, the 9th U.S. Circuit Court of Appeals said the federal Fair Credit Reporting Act’s requirement that job applicants be given a document consisting “solely” of disclosures mandated by the law means they cannot include any information about state laws. Regulations under State laws cannot appear on the FEDERAL Disclosure/Authorization.
FCRA updates, effective September 21, 2018, new section 605A(i) of the Fair Credit Reporting Act (FCRA), added by the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act), requires that a new notice of rights be included whenever a consumer is required to receive a summary of rights required by FCRA section 609. https://www.consumerfinance.gov/policy-compliance/rulemaking/final-rules/summaries-rights-under-fair-credit-reporting-act-regulation-v/
Legislation passed by the NYC Council and signed into law by Mayor Bill Deblasio severely restricts NYC based employers from using CREDIT REPORTS or any credit related information when checking a job applicant. There are some exceptions - mostly involving applicants who are FINRA members or may become FINRA members. It also appears that employers, [...]
The state of New York has passed an amendment to the General Business Law that essentially seems to require two new steps in the employment process to take effect in 2009. We strongly urge that you to check with your legal department for full details and the requirements of this new law. In essence, it [...]
https://www.ftc.gov/tips-advice/business-center/guidance/what-employment-background-screening-companies-need-know-about
FTC HAS POSTED NEW REGULATIONS REGARDING THE FAIR CREDIT REPORTING ACT AND THE OBLIGATIONS OF OUR CLIENTS (USERS). IT IS IMPORTANT THAT YOU REVIEW THESE REGULATIONS. PDF FCRA Summary
On April 18, 2007, Washington Governor Christine Gregoire signed into law a bill prohibiting employers from accessing a consumer report on an employee's or applicant's credit worthiness, credit standing, or credit capacity for employment purposes unless such information is substantially related to the individual's current or potential job or required by law. An employer also [...]
The Governor of Oregon signed into law a bill that bans employers in the State of Oregon from (with a few exceptions) obtaining or using for employment purposes information contained in the credit history of an applicant for employment or an employee. The bill would prevent employers from utilizing credit reports in employment including hiring, [...]