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CHECK YOUR DISCLOSURE & MAKE SURE YOU ARE COMPLIANT

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

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/

New York City ban on credit reports for employment

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, [...]

TO ALL NY EMPLOYERS Re: Criminal records.

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 [...]

FCRA Changes

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

CREDIT REPORTS & WASHINGTON STATE RESIDENTS NEW LEGISLATION:

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 [...]