Employers who conduct background checks on their employees need to know that a new model Summary of Rights Under the FCRA form was issued last week, and employers must start using this form September 21, 2018. Employers generally must provide a copy of this form at the time they provide notice to an applicant/employee that a background check will be conducted, and again if they plan to take adverse action against an applicant/employee based on the results of the report. The updated form was issued in response to Congress’ passage of the Economic Growth, Regulatory Relief and Consumer Protection Act in May 2018, which provides some identity theft protections to consumers and allows them to request a “security freeze” on access to their credit report in certain circumstances. The new model form, which incorporates the new security freeze right and makes some other changes, is available here.
Employers with 50 or more employees who are covered by the federal Family and Medical Leave Act (FMLA) also should know that the Department of Labor recently issued new model FMLA forms. These forms should replace old forms that technically expired May 31, 2018. The new forms are not materially different than the old ones, but reflect a new expiration date of August 31, 2021. Employers should begin using these new forms, which are available here.