Creative Services, Inc. Compliance Corner Articles

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Compliance Corner

Protecting your company from loss and potential liability requires staying abreast of changing labor laws, industry developments and current litigation. CSI is dedicated to this task and committed to sharing this information with you through our website.

06.03.20 — Ban the Box Trends Continue

Although Ban the Box is not new, new jurisdictions continue to join the trend. Employers should understand Ban the Box restrictions and/or requirements in jurisdictions that may impact their employment screening program.

05.18.20 — Court Decision – Another Reason Employers Should Review their Background Check Disclosure Forms

In light of another recent Ninth Circuit Court of Appeals case, employers should review their current disclosure forms for “clear and conspicuous” language consisting “solely” of the disclosure.

04.25.19 — Court Decision and Class Action Filings Calls for Employers to Review Disclosure and Authorization

A recent decision out of the 9th Circuit Court of Appeals overturned the district court’s decision relating to the disclosure form that consumers sign to consent to a background investigation. This along with a number of class action lawsuits relative to disclosure and authorization forms are prompting employers to review their disclosure and authorization forms.


By Kellie O’Shea, Esq., PHR, is Associate General Counsel for Creative Services, Inc. (CSI)

09.21.18 — Important Strategies to Stay Safe and Secure Online

It’s no secret that we live in a world where cyber-security and data protection issues pose a greater risk than ever before. Creative Services, Inc. (CSI) understands that all companies are potential targets for cyber-attacks, insider threats, or other security issues. Online phishing scams are becoming more sophisticated every day, with hackers impersonating individuals and companies so well that it’s easy to be fooled. Incidents of phishing and impersonation attacks are on the rise, and with that in mind, CSI wants to remind our clients of some important strategies that you can use to ensure that you don’t become a victim.

09.20.18 — BCFP Issues New FCRA Summary of Rights

09.06.18 — Consumers Have the Right to Obtain a Security Freeze

Effective September 17, 2018, Creative Services, Inc. (CSI) will incorporate the Notice of Rights that Consumers Have the Right to Obtain a Security Freeze in every consumer report following the Summary of Rights Under the Fair Credit Reporting Act.

06.07.18 — Massachusetts Equal Pay Act

On July 1, 2018, Massachusetts joins a growing number of jurisdictions who have passed pay equity laws which include restrictions or bans on seeking salary or wage history of a prospective employee.

05.03.18 — Massachusetts Ban the Box Update

Last month, Governor Charlie Baker signed An Act Implementing the Joint Recommendations of the Massachusetts Criminal Justice Review and An Act Relative to Criminal Justice Reform which will go into effect on October 13, 2018.

11.30.17 — New CBSV Consent Form

The Social Security Administration (SSA) has issued a new Consent Based Social Security Number Verification (CBSV) consent form effective January 1, 2018.

11.29.17 — Pennsylvania Statewide Updates: Reduced Turnaround Time / Statewide Fee Increase

In late July, the Pennsylvania State Police made several improvements to their existing statewide criminal search.

11.03.17 — Changes for Employers from the Amended MA DCJIS Regulations

Updated forms, policies and guides regarding the Massachusetts Department of Criminal Justice Information Services amended agency regulations

07.03.17 — Client Alert – Reminder Regarding Vermont Fair Credit Reporting Statute

CSI is reminding End-Users of their obligations under Vermont’s Fair Credit Reporting Statute when conducting a credit report on a consumer.

05.03.17 — CSI ALERT – Amended Massachusetts Department of Criminal Justice Information Services Regulations

The Massachusetts Department of Criminal Justice Information Services (DCJIS) published amended agency regulations (803 CMR 2.00 et. seq.) effective April 27, 2017 to their website. Click here to visit the DCJIS website.

04.17.17 — What Every Employer Needs to Know About Social Media and Web-Based Background Checks

Creative Services, Inc. (CSI) is pleased to share this important white paper from strategic partner Social Intelligence on what employers need to know about using social media as part of your hiring and employment screening processes.

02.14.17 — Recent Litigation Suggests It May Be Time for Employers to Review Their Consumer Disclosure

In light of recent litigation in the area of consumer disclosure under the Fair Credit Reporting Act (FCRA), CSI has updated our Sample Disclosure and Acknowledgment form to move consumer state rights notices and disclosures to a separate Sample State Notices form.

12.19.16 — CSI Is Self-Certified with the USDOC to the Principles of the E.U. – U.S. Privacy Shield

Creative Services, Inc. is pleased to announce that we have successfully self-certified with the U.S. Department of Commerce (USDOC) to the Principles of the E.U. – U.S. Privacy Shield.

10.14.16 — Important CSI Compliance Alert

CSI is among the first wave of international background screeners to have submitted our self-certification to the U.S. Department of Commerce attesting to the fact that we comply with the principles of the E.U. - U.S. Privacy Shield.

05.17.16 — Ransom Ware on the Rise

First published March 10, 2016 in the NAPBS Thursday Letter Written by the NAPBS Best Practices Information Security Sub-Committee

03.28.16 — Think Outside the Box – The Widespread Movement that is Banning the Box

What employers need to know about the Ban the Box movement

02.28.16 — Ban the Box 2.0: Philadelphia Upgrades Fair Criminal Records Screening Standards Ordinance

Originally Published as Seyfarth Shaw LLP One Minute Memo®, December 23, 2015

12.30.15 — New Jersey’s Ban the Box Law: Department of Labor’s Final Regulations and Guidance

More Clarity on New Jersey’s Ban the Box Law: Department of Labor’s Final Regulations and Guidance, Effective Immediately

10.29.15 — Best Practices for Complying with the New York City Fair Chance Act

Given the imminent effective date of New York City’s Fair Chance Act, employers may be wondering what they need to do to comply with the law.

10.05.15 — Whole foods settles background check dispute

A federal district court judge in Florida recently approved a settlement between Whole Foods Market Group, Inc. and a putative class of some 20,000 employees and prospective employees effectively ending a dispute over alleged background check notification violations under the Fair Credit Reporting Act (FCRA).

08.26.15 — Russia Update: Regulator Publishes Data Localization Clarifications

On August 3, 2015 the Russian Ministry of Communications, the agency that oversees the Russian data protection authority which will be enforcing Russia's Data Localization Law, published unofficial clarifications on its website that provide a view into how the Ministry believes organizations must comply with the law.

08.20.15 — Uber Missed Criminal Records of Drivers, Prosecutors Assert

According to a report by The New York Times on August 19, 2015, background checks used by ride-sharing company Uber failed to uncover the criminal records of 25 drivers in San Francisco and Los Angeles.

06.18.15 — New York City Passes Ban-the-Box Legislation Affecting Private Employers

On June 10, 2015, the New York City Council voted to prohibit private employers from asking job applicants questions about criminal convictions on job applications. Under the Fair Chance Act (the “Act”) an employer may ask about an applicant’s criminal history and conduct a criminal background check only after extending the conditional offer.

06.11.15 — CSI’s Annual Client Notification

Creative Services, Inc. (CSI) is committed to ensuring its operations, and those of its clients, are in compliance with all applicable state, federal and international laws pertaining to employment, privacy and the Fair Credit Reporting act (FCRA). Please review this Annual Notification and the documents referenced herein for important information regarding your obligations under the FCRA as well as CSI’s Privacy Policy.

04.22.15 — New York City Prohibits Use of Credit Reports for Employment Purposes

On April 16, 2015, the New York City Council passed New York City Bill Int-261-2014 A, a bill that amends the city’s Human Rights Law and makes it an unlawful discriminatory practice for an employer to use an individual’s consumer credit history in making employment decisions.

02.22.15 — Ringing in the New Year with Four Ban-the-Box Laws

Read this post on ban-the-box laws by Littler Mendelson P.C.

02.09.15 — Michigan Protects Employers from Negligent Hiring and Retention Claims

Read this post from Proskauer Rose LLP

09.27.14 — District of Columbia Adopts Ban-the-Box Legislation

On August 22, 2014, the District of Columbia Council enacted the “Fair Criminal Record Screening Amendment Act of 2014,” a ban-the-box legislation that applies to private employers in the District with more than ten employees. The law will take effect following a 30-day period of Congressional review. Currently, ban-the-box laws affect more than 50 cities and 10 states.

08.19.14 — New Jersey Gets on the “Ban-the-Box” Bandwagon

On August 11, 2014, New Jersey enacted its own “ban-the-box” law when Governor Chris Christie signed “The Opportunity to Compete Act.” This law, which becomes effective March 1, 2015, restricts the ability of covered employers to inquire and use criminal records.

05.27.14 — Baltimore Becomes 10th Jurisdiction to Enact Ban-the-Box Legislation for Private Employers

On May 15, 2014, Baltimore enacted the Fair Criminal-Record Screening Practices ordinance, which bans private employers from inquiring about or conducting a criminal background check on an applicant until a conditional offer has been extended. This law, which is a growing trend at state and local levels across the country, is generally called “ban-the-box.”

05.23.14 — CSI’s VP of Finance and Administration Judith Gootkind Quoted in NAPBS Press Release

Judith Gootkind, CSI’s VP of Finance and Administration and Chair of the National Association of Professional Background Screeners (NAPBS), participated in the NAPBS Mid-Year Legislative and Regulatory Conference. She was quoted in the following press release.

05.22.14 — States Are Moving Quickly to Restrict Employers’ Access to Personal Online Content

As employer social media practices continue to evolve, new state laws are working to restrict employer access to employee social media account information.

05.19.14 — Employers Should Review Employee Separation Agreements in Light of Recent EEOC Actions

On April 30, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) filed a suit in Colorado federal court against private college, CollegeAmerica, alleging that the school’s separation agreements improperly prevented employees from filing age discrimination complaints, which is in violation of the Age Discrimination in Employment Act (ADEA).

05.09.14 — Updated Information Regarding Background Checks Required by Department of Early Education & Care

Jack Nichols, Director and General Counsel, Creative Services, Inc., authored a guest blog on updated information regarding background checks required by the Department of Early Education & Care. Read the full post at
Written by: Jack Nichols, Director and General Counsel, Creative Services, Inc.

04.17.14 — Wisconsin Adopts Password Protection Law

Wisconsin has become the thirteenth state to enact a law limiting the circumstances under which employers may request or require access to the personal internet accounts of applicants and employees.

04.09.14 — Important Information Regarding Employment Background Checks in the State of New York

Beginning April 1, 2014, the New York Office of Court Administration (OCA) is no longer providing a criminal history for any individual whose only conviction was a single misdemeanor more than ten years prior to the date of the request.

03.20.14 — CSI E-Alert: NY AG Announces End to Automatic Rejections for Convictions

On March 13, 2014, the New York Attorney General announced that his office secured agreements with four of the nation’s largest background check agencies making it illegal to automatically disqualify job applicants based solely on criminal history.

03.20.14 — Judy Gootkind, VP of CSI, Presents at Background Checks and Employment Conference 2014

On March 6th, Judy Gootkind, Vice President of Creative Services, Inc. and Chair of the National Association of Professional Background Screeners (NAPBS), participated in the Background Checks and Employment Conference 2014.

03.16.14 — Jack Nichols, CSI Director and GC, Presents 2014 CORI Update Webinar Hosted by Marsh & McLennan

Jack Nichols, Director and General Counsel, Creative Services, Inc., presented “2014 CORI Update,” as part of a webinar hosted by leading insurance company Marsh & McLennan Agency LLC .

12.05.12 — DOT ODAPC “Recreational” Marijuana Notice

Recently, a number of states have passed, or are considering, legislation intended to legalize marijuana for recreational or medical use.

11.30.12 — Updated Consumer Financial Protection Board (CFPB) Forms

Regulations require that employers and affected consumer reporting agencies (CRAs) begin using these new forms by January 1, 2013.

10.04.12 — Changes in Consumer Financial Protection Board (CFPB) Forms

The Consumer Financial Protection Board (CFPB) recently issued regulations that call for the modification of three critical forms required by the Fair Credit Reporting Act (FCRA) and which are typically used in the background screening process.

06.22.12 — Vermont is Eighth State to Restrict or Prohibit Employers from Using Credit in Employment Decisions

On May 17, 2012, the Governor of Vermont enacted into law Act No. 154 (S. 95) (“Act”), which generally precludes employers from inquiring about credit history, let alone using credit reports or credit history information in the employment context.

05.11.12 — 5 Things the EEOC Says You Shouldn’t Do with Criminal Records

Though the EEOC's new guidance does not change the agency's fundamental position on Title VII and criminal records, it does provide employers more clarification in analyzing whether applicants’ arrests and convictions should exclude them from certain positions.

04.06.12 — EEOC Guidance on Whether High School Diploma Requirement Violates ADA

The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job.

11.18.11 — California Limits Use of Credit Reports in Hiring

California joins the growing list of states limiting the use of credit reports for employment purposes.

09.15.11 — Client Alert: Connecticut and Maryland Limit Use of Credit Reports for Employment Decisions

Effective October 1, 2011, Connecticut and Maryland will join Hawaii, Illinois, Oregon, and Washington to become the most recent states to limit employers' use of credit histories in employment decisions.

08.17.11 — MA CORI Reform Advisory

MA employers now prohibited from Inquiring about criminal convictions on "initial" job applications.

08.08.11 — CSI Attends EEOC Meeting on the Use of Criminal Records

Washington DC - On July 26th the Equal Employment Opportunity Commission (EEOC) held a full Commission meeting on the use of criminal records.

07.22.11 — Changes in the Fair Credit Reporting Act (FCRA)

Creative Services, Inc. (“CSI”) recently received a number of inquiries about changes in the Fair Credit Reporting Act (FCRA) that pertain to the use of credit reports for employment purposes.