Federal agencies have been staying up nights, busily revising and devising
new ways to require employers to keep their workers fully informed about their
rights.
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First, just before its March 10 deadline, the Department of Labor (DOL) published
the particular form of notice that must be posted regarding the rights of any
employee who performs qualified military service. The poster lists new or extended
benefits for U.S. veterans in the realms of education, housing, healthcare coverage,
reemployment, and others, under amendments to the Uniformed Services Employment
and Reemployment Rights Act of 1994. The amendments were specified in the Veterans
Benefits Improvement Act of 2004, signed last December. You can find the poster
by going to our website at http://hr.blr.com/pdf/userraposter.pdf or on DOL's
website at http://www.dol.gov/vets/programs/userra/poster.pdf. You can also
order paper copies at no charge by calling this DOL toll-free number: 1-866-487-2365.
While employers are required only to put up the poster in one or more prominent
places where employees are likely to see it, DOL added that organizations "are
free to provide the notice to employees" in other ways, such as by handing
it, mailing it out, posting it on a company intranet, or distributing it by
e-mail.
Meanwhile, the Federal Trade Commission (FTC) has chimed in with a requirement
for employers. As you probably know, the Fair Credit Reporting Act (FCRA) has
been interpreted to include as consumer reporting agencies not only credit trackers
and evaluators but also third parties that conduct background checks, explore
motor vehicle records, or verify education and credentials. As an employer,
then, if you buy a report about a candidate from such an agency, you must notify
the candidate immediately upon finding any information that might lead you to
reject him or her.
The most onerous of these requirements--the ones related to investigations
of suspected employee misconduct--were pulled out from under FCRA by the
Fair and Accurate Credit Transactions Act of 2003. But that law also required
FTC to update its summary of consumer rights. Referred to as a "pre-adverse
action notice," it is the information that you must give any candidate
if you receive a report that might lead you to reject the person. You can find
the new summary on FTC's website at http://www.ftc.gov/os/2004/11/04119factaappf.pdf.
Tip: Because the focus is on credit reports, the summary says you cannot
use negative information more than 7 years old to make a hiring decision. But
check laws in your own state regarding what specific information can and can't
be used for making employment decisions.