Saturday, December 28, 2019
New 2013 Forms for Employee Background Checks
New 2013 Forms for Employee Background ChecksNew 2013 Forms for Employee Background ChecksNew 2013 Forms for Employee Background Checks Berkowitz, Esq.Do you conduct employee background checks on prospective employees? Have you ever had to investigate a rumor of potential employee misconduct? If so, when was the last time you reviewed or updated the forms required by the Fair Credit Reporting Act (FCRA)?Now is the time to take a look at the procedures you have in place for background checks, in advance of 2013 changes to the authorization forms that all employers must use.In case you need a refresher, the FCRA says that any employer that uses an outside company (called a consumer reporting agency) to conduct an employeebackground check mustProvide the target of that check with certain notices.Obtain written authorization to conduct the investigation.The Federal Trade Commission (FTC), which has previously overseen employment matters under the FCRA, has passed some of its authority to the Consumer Financial Protection Bureau (CFPB). This means that anyone who wishes to contest the outcome of an employee background screening or get any other information regarding the check must contact the CFPB instead of the FTC.Three important notices that are part of the background check process will help you understand the change of authority from the FTC to the CFPBConsumers Summary of RightsNotice to Users of Consumer Reports of their ObligationsNotice to Furnishers of Information of their Obligations Under the FCRAThe main change to the forms is to explain how individuals and businesses can contact the CFPB. All employers must use the new forms in their background check procedures beginning January 2013.Read more Employment Law Small Business Updates
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