Effective January 1, 2013, employers must use a revised form to comply with their notice requirements under the federal Fair Credit Reporting Act ("FCRA").
By way of background, FCRA requires employers who use third-party consumer reporting agencies to conduct background checks on their applicants and/or employees to notify such individuals of their rights under FCRA. Despite its name, FCRA addresses not only third-party consumer reporting agencies' gathering and reporting of information about an individual's credit, but also about other background information, including but not limited to criminal and motor vehicle records, education, licenses, and employment history.
Under FCRA, employers have several notice requirements, including that they must: 1) provide applicants/employees with a clear written disclosure that a consumer report may be obtained for employment purposes; 2) certify to consumer reporting agencies that they have fully complied with FCRA's disclosure requirements; 3) provide notice to applicants/employees of contemplated adverse action based on a consumer report, together with a description in writing of the applicant's/ employee's rights under FCRA ("Summary of Rights Under the Fair Credit Reporting Act"); and 4) provide notice to applicants/ employees of an adverse action determination (such as rejection of an applicant or discharge of an employee) based on a consumer report, with various additional information.
The above-referenced "Summary of Rights Under the Fair Credit Reporting Act" form has now been revised. The essence of the revision is to reflect the shift in responsibility for interpreting FCRA from the Federal Trade Commission ("FTC") to the newly created Consumer Financial Protection Bureau ("CFPB") -- specifically that information about rights under the FCRA can be found at www.consumerfinance.gov/learnmore or by contacting the CFPB instead of contacting the FTC. Two additional forms required of consumer reporting agencies -- "Notice to Users of Consumer Reports," which is given by consumer reporting agencies to employers, and "Notice to Furnishers of Information," which is given by consumer reporting agencies to others providing information to them -- were similarly revised.
The revised forms may be found in Appendices K, M and N to 12 C.F.R. part 1022, the regulations interpreting FCRA. The form applicable to employers may be found at the following link: http://ecfr.gpoaccess.gov/graphics/pdfs/er21de11.019.pdf.
Employers who need assistance with the complex requirements of FCRA should contact one of Day Pitney's Labor and Employment attorneys.
Eric Sussman authored an article, "Conn. High Court Sheds Light on 'ABC' Test Application," which was published by Law360.
Patrick McCarthy and Christopher Stracco spoke about Project Labor Agreements on Friday, February 10, at the New Jersey Institute of Continuing Legal Education's Annual 2017 Redevelopment Law Institute at the Renaissance Woodbridge Hotel in Iselin, New Jersey.
On January 17, John DeSimone and Heather Weine Brochin presented a discussion about employment agreements and negotiation strategies at the NYU School of Medicine.
On October 10, James Bowers will share his personal perspectives on the History of Slavery and Race in South Carolina at UConn School of Law.
Day Pitney Alert
Michael Furey was quoted in an article, "The Biggest New Jersey Cases of 2016," which was published in Law360.
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.
Hartford, Conn., May 26, 2016 - Day Pitney LLP is pleased to announce that Employment and Labor attorney Albert Zakarian has been chosen as a Lifetime Achievement winner of The Connecticut Law Tribune’s second annual Professional Excellence Awards 2016. The Professional Excellence Awards 2016 recognize 28 lawyers, who were chosen from over 60 nominees, as either Lawyer of the Year or Lifetime Achievement recipients, according to The Connecticut Law Tribune. The Lifetime Achievement Awards honor "attorneys who have excelled over a career."
John McLafferty was quoted in an article, "Final overtime regulations less drastic than feared," in Massachusetts Lawyers Weekly. In the article, McLafferty discusses how the Department of Labor’s final revised federal overtime regulation will impact businesses. "The reality is that the rule made more people eligible for overtime; it didn’t create any obligation for employers to pay more overtime," he said. McLafferty added that the regulation’s impact on employees could have a wider effect on office culture and policies, which may affect a company’s ability to attract and retain workers. In addition, he noted that employers should take this opportunity to ensure that all of their employees are properly classified for overtime purposes.
Albert Zakarian has been chosen as a winner of The Connecticut Law Tribune's second annual Professional Excellence Awards. The awards recognize two dozen lawyers for outstanding service to the profession during their long careers. The publication received more than 70 nominations. Profiles of awardees will appear in the Law Tribune in May. An event will also be held in May to recognize the winners. More about the awards can be found here.