New Fair Credit Reporting Act Form: As of September 21, 2018, employers need to use the newly issued model Summary of Your Rights Under the Fair Credit Reporting Act form (or their own form based on the model) when providing the required written notice to an employee or a job applicant that a background check will be conducted. The revised federal form is also required if an employer plans to take adverse action against an employee or applicant based on the report. The new model form in English and Spanish can be found here.
Stricter Background Check Standard: In a case involving potential overlap between two California background check laws – the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA) – the California Supreme Court held in Connor v. First Student, Inc. (Aug. 2018) that employers must comply with the stricter of the two laws, the ICRAA. Background checks of character, reputation, personal characteristics, or mode of living require written authorization under ICRAA. Whenever more than credit records are sought, the employer must comply with both ICRAA and the CCRAA.
-Ervin Cohen & Jessup LLP