News & Analysis as of

Background Checks Written Consent

Mitratech Holdings, Inc

Background Screening FAQs: Unveiling the Mysteries of Pre-Employment Checks

Are you hiring the right candidates? Or are you hiring candidates that put your organization at risk, bounce around, and can’t do what they say they do? Background screening is your defense system when trying to make quality...more

Dentons

HR Quick Take: Electronic Signatures

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Q: Can I use electronic signatures for consents to background checks under the Fair Credit Reporting Act? A: Yes, the FCC issued an opinion in 2001, determining that the FCRA requirements to obtain written consent can be...more

Proskauer - California Employment Law

California Employment Law Notes - September 2018

Employer Must Obtain Written Authorization To Conduct Background Check - Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018) - Eileen Connor worked as a school bus driver for Laidlaw Education Services, a...more

Fisher Phillips

California Supreme Court Forces Employers To Comply With Strictest Background Check Standard

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In a case involving the potential overlap between the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA), the state’s high court ruled that employers must comply with...more

Arnall Golden Gregory LLP

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

BakerHostetler

Background Check Forms Face Increased Scrutiny in Federal Court

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Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

Butler Snow LLP

New Year, New FCRA Forms

Butler Snow LLP on

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

Patterson Belknap Webb & Tyler LLP

New Year Brings New FCRA Forms for Employers and Possibly Additional Notification Requirements

The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA) rang in the new year by issuing new forms for users of consumer reports. Copies of the forms that went into effect...more

Eversheds Sutherland (US) LLP

Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants

Employers who use consumer reports as part of their decision-making process in the hiring, promotion or firing of employees should note the attached “A Summary of Your Rights under the Fair Credit Reporting Act” issued by the...more

Pierce Atwood LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

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

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