2002
New Employer Obligations Under
AB 655 / CA Civil Code 1785/1786
Summary of the law:
Effective January 1, 2002,
according to the new state law concerning consumer investigations,
all California employers conducting background checks must:
- Notify an employee or
applicant in writing, separate from the job application itself,
that the employer may be seeking an investigative consumer
report.
- Obtain written authorization
from the applicant or employee before obtaining the report.
- Within three days of ordering
the report, inform the applicant or employee that:
- he/she will be the subject
of a consumer investigation,
- the name and address of the
consumer reporting agency,
- the nature and scope of the
investigation,
- and provide a copy of the
Summary of Consumer's Rights Under the Law.
(The above points are included in the HRA Consent to Release
Form)
- Provide the employee or
applicant with a copy of the completed report along with the
name and address of the investigating agency no later than seven
days from the date the employer receives the report.
THIS SUMMARY DOES NOT CONSTITUTE
AB 655 OR THE SUBSEQUENT LAWS ENACTED IN THEIR ENTIRETY. PLEASE
CONSULT LEGAL COUNSEL FOR EXACT CLARIFICATION OF THE LAWS AND
AMENDMENTS AS THEY PERTAIN YOUR COMPANY. THE FULL TEXT OF AB655
CAN BE VIEWED AT
www.leginfo.ca.gov.
As a consumer-reporting agency,
HRA is obligated by this law to certify in writing that all
current and future clients understand and adhere to the
requirements of Civil Code 1785/1786. To that end, we have
included a Service Agreement between HRA and "User" (employer).
Please read and fill in the requested information on the lower
portion, sign and return to HRA prior to placing your first order.
print the agreement
|