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Insights & Updates from Creative Services, Inc.
Compliance
Webinar: New Important Court Decisions! It’s REALLY TIME to look at those background check disclosure and authorization forms!
There have a been a series of recent troubling court decisions regarding background check disclosure forms that employers should be aware of surrounding their obligations around what should be and should not be in their forms.
New Important Court Decisions! Employers, now it’s REALLY TIME to look at those background check disclosure and authorization forms!
In light of another important federal court case out of California, employers should review their current disclosure forms for “clear and conspicuous” language consisting “solely” of the disclosure under the Fair Credit Reporting Act (FCRA). Creative Services, Inc. (CSI) originally reported this litigation trend in 2017 and again in 2019 urging employers to review and update disclosures that may include “extraneous” information.
Compliance
Ban the Box - SB1480 Illinois General Assembly
Illinois is the latest state to join the growing list of states, counties and municipalities that have passed or amended Ban the Box requirements when using criminal conviction records as part of the employment screening process.
Process
Pennsylvania Statewide Updates: Reduced Turnaround Time / Statewide Fee Increase
In late July, the Pennsylvania State Police made several improvements to their existing statewide criminal search.
Compliance
New CBSV Consent Form
The Social Security Administration (SSA) has issued a new Consent Based Social Security Number Verification (CBSV) consent form effective January 1, 2018.
Legislation
Massachusetts Ban the Box Update
Last month, Governor Charlie Baker signed An Act Implementing the Joint Recommendations of the Massachusetts Criminal Justice Review and An Act Relative to Criminal Justice Reform which will go into effect on October 13, 2018.
Legislation
Massachusetts Equal Pay Act
On July 1, 2018, Massachusetts joins a growing number of jurisdictions who have passed pay equity laws which include restrictions or bans on seeking salary or wage history of a prospective employee.
Compliance
Consumers Have the Right to Obtain a Security Freeze
Congress recently passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which has several provisions that go into effect September 21, 2018. One of the provisions states that a notice of rights regarding a credit freeze must be provided to a consumer every time the consumer is required to receive a summary of rights under section 609 of the Fair Credit Reporting Act.
Recruiting
Employment Verifications: “Trust But Verify”
CSI Associate General Counsel Kellie O’Shea, Esq., PHR, discusses the importance of and best practices in conducting employment verifications for potential employees in a recent article published in The 2018-19 edition of The Background Screening Resource Guide.
Compliance
BCFP Issues New FCRA Summary of Rights
As a follow up to CSI’s Client Advisory on September 6, 2018, the Bureau of Consumer Financial Protection (formerly the Consumer Financial Protection Bureau) has recently released a revised Fair Credit Reporting Act (FCRA) Summary of Rights effective September 21, 2018. The new FCRA Summary of Rights will replace any existing FCRA Summary of Rights.