Legislative Alert: Wildfires, Equifax Fallout, New CA Laws [Video]
- Wildfires Affecting Background Checks
- New Laws Proposed in Wake of Equifax Breach
- California Governor Signs New Employment Laws
Wildfires Affecting Background Checks
Turn-around time – the time it takes to complete a background check -- is so important here at EBI. But sometimes, like everything else, we are at the mercy of Mother Nature. First hurricanes caused court closures and report delays across Texas, Florida and Puerto Rico. Now, the devastating wildfires out in California are doing the same. As of today, courts in Humboldt, Napa, Solano and Sonoma Counties are all experiencing delays because of the fires. Most of the closures are expected to last at least through Monday.
[Related] How Long Should a Background Check Take?
New Laws Proposed in Wake of Equifax Breach
This summer’s cybersecurity breach at Equifax exposed the credit data and private information of more than 140 million Americans. Now lawmakers are introducing legislation to prevent such a crime from happening again. Two of the proposed laws would amend the Fair Credit Reporting Act. Representative Patrick McHenry (R-NC) introduced H.R. 4028, which is called the “Promoting Responsible Oversight of Transactions and Examinations of Credit Technology Act.” This would amend the Federal Financial Institutions Examination Council Act of 1978 to create uniform cybersecurity for large consumer reporting agencies and would allow national security freezes for protected consumers. Another proposed law, H.R. 4053, was introduced by Representative Jeff Fortenberry (R-NE). It would require the addition of independent cybersecurity audits for some consumer reporting agencies.
California Governor Signs New Employment Laws
Governor Jerry Brown recently signed two new bills into law. Companies in his state that employ 5 or more people are now banned from asking about a job applicant’s criminal history until after a conditional offer of employment is made. The state already had ban-the-box legislation in place, but this new law extends its reach to smaller employers. Employers who fall under this new law must not ask any questions about criminal history on the job application, and after an offer is made, they may only consider arrests that resulted in convictions. Even if there is a conviction on an applicant’s record, the employer must perform an individualized assessment to see if it is even relevant to the job duties. The governor also signed a bill that will make it illegal for employers to ask about an applicant’s salary history.