Resources for Your Business
Knowledge you need, at your fingertips.
Business owners are expected to do pretty much everything, from major decisions to minute details it all ends up on your plate. There are so many different sources of information, ever changing laws, and opinions it is hard to keep them straight. We believe that an informed consumer is in the best possible position to make decisions. So, as a courtesy to you, we have compiled a list of some useful resources that every business owner and executive needs to know. This is by no means an exhaustive summary, but it is a good place to get started. We will continue to add new resources and update our Information Center regularly.
- Fair Credit Reporting Act
- Driver's Privacy Protection Act
- Employee Polygraph Protection Act
- Fair Debt Collection Practices Act
The FCRA is a United States federal law that regulates how information relating to consumers, particularly public record filings and personal credit data, is collected, reported, and used in credit, insurance, and employment decisions. At its core, the FCRA protects consumers from being adversely affected by inaccurate, incomplete, and/or outdated records by implementing specific requirements on companies that report such information, also known as Consumer Reporting Agencies (CRA). The law also outlines the procedures that must be followed by users of consumer information before making a final determination based on information obtained from a CRA.Why it matters…
For employment purposes, the FCRA applies when an employer uses a third-party provider to perform background checks. Under the law, an applicant must be notified in writing that a consumer report will be obtained and their signed authorization obtained before a background investigation is initiated. It also provides a system that allows applicants to challenge the accuracy of any adverse findings in their consumer report prior to a final decision being rendered.
This is a United States federal privacy statute that dictates how the personal information gathered by each state’s Department of Motor Vehicles is released, including, but not limited to, names, dates of birth, addresses, and driver’s license numbers. The act prohibits the disclosure of such personal information to parties that do not have the express written consent of the driver to obtain such data, except under certain permissible purposes. Driving history information, such as accidents, traffic citations and convictions, and suspensions, are not considered personal information under this statute.Why it matters…
When driving record information is used in the employment screening process, it is necessary for employers to review the permissible purposes set forth in their respective states to ensure compliance when requesting such information. It is also important to understand the requirements established by the DPPA with regard to the redisclosure of personal information in driving records.
The EPPA is a United States federal law that prohibits most private employers from using polygraph examinations (also known as a lie detector test) for pre-employment screening or during the course of employment. Exclusions may include businesses such as security companies, pharmaceutical companies, as well as government employees.Why it matters…
You cannot use a lie detector examination in conjunction with your pre-employment screening process and you cannot compel current employees to submit to a polygraph examination for any purpose. Should you decide to incorporate the use of a lie detector exam in the process of investigating criminal activity within your company, it is important to understand the EPPA and consult with an attorney before utilizing this investigative tool.
What it is…
The FDCPA is a United States federal consumer protection law that guards against abusive debt collection practices. The act also provides consumers with the right to dispute and validate the accuracy of the information associated with a debt obligation.Why it matters…
In the event that you pursue a collection of personal or business debts, you will need to understand the legal requirements for communicating with the debtor. Failing to abide by the FDCPA can potentially result in lawsuits and/or fines.
EEOC Guidance on Use of Criminal Records for Employment
In April of 2012, the Equal Employment Opportunity Commission published a letter setting forth its guidance on the use of arrest and criminal conviction information in employment decisions. Citing that policies and practices excluding people from employment with any type of criminal record may be discriminatory under Title VII of the Civil Rights Act of 194, the agency established certain considerations that employers should implement denying employment on the basis of an arrest or conviction record.
- Federal Trade Commission
- Consumer Financial Protection Bureau
- Bureau of Prisons
- U.S. Department of Labor
- FBI, Scams & Safety Information
- Equal Employment Opportunity Commission
- Securities & Exchange Commission
- U.S. Commodity Futures Trading Commission
Helpful Guides and Links
- FTC Guide to Background Checks
- Summary of Rights Under the FCRA
- Notice to Users of Consumer Reports
- Free Annual Credit Report
- ABA Formal Opinion: Lawyer Reviewing Jurors’ Internet Presence
- NELP Report: FBI Fingerprint Check Accuracy
- Ban the Box Legislation: State and Local Guide (NELP)
- New FINRA Background Check Requirements
Recent Scam and Fraud News
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- NY Law on Use of Criminal Records
- Americans With Disabilities Act
- Family Educational Rights and Privacy Act
- Age Discrimination in Employment Act
- The Pregnancy Discrimination Act
- Title VII, Civil Rights Act of 1964
- Bankruptcy Reform Act of 1978
- NY Worker’s Comp Discrimination Law
Helpful Blogs & Webpages
- Switch & Shift, Human Side of Business
- Barbara’s Blog (from Barbara Weltman)
- Society for Human Resource Management
- Security Management
- Association of Certified Fraud Examiners
- Pursuit Magazine
- Ponzi Tracker
- Business 2 Community
- Financial Industry Regulatory Authority
- Nerd Wallet Blog
Whelan & Whelan Blog