Evergreen, CO-based cybersecurity startup focused on open-source supply chain code
WestCap, Deer Park Road Management, The Palisades Group, Alpaca VC, Andreessen Horowitz, Ribbit Capital, Redwood Trust, Atalaya Capital Management, DAG Ventures, Deer Park Road Management, The Palisades Group, Alpaca VC
Although several states have laws analogous to the federal Fair Credit Reporting Act (FCRA), the District of Columbia does not. As a rule, the District of Columbia follows the federal FCRA regarding the limitations on reporting negative information in background check reports used for employment purposes. However, there are three notable exceptions where district law differs from the FCRA regarding reporting criminal records:
(1) Records of arrests or criminal accusations that did not result in a conviction cannot be reported (unless the charges are pending);
(2) Inquiries about criminal convictions cannot be made unless a conditional offer of employment is made; and
(3) Convictions with a completed sentence that is more than 10 years old cannot be reported.
The first two exceptions are found in the district’s Fair Criminal Record Screening Amendment Act of 2014 codified at Sections 32-1341 – 32-1346 of the Code of District of Columbia, and the third exception is found in Section 2–1402.66 of the district’s Human Rights Law.
Humble, TX-based energy analytics software provider
Stone Point Ventures, Sony Innovation Fund by IVG, Aflac Ventures, Allianz Life Ventures, Connecticut Innovations, Fairview Capital, Contour Venture Partners, Commerce Ventures, Tribeca Early Stage Partners
If the IRS wants to file a statewide tax lien against a taxpayer’s personal property, the document evidencing the lien will be filed with the secretary of state’s office. Most states (if not all) index the IRS liens along with the UCC-1 financing statement liens. Although the tax lien is indexed with the UCC filings, the tax lien is not a UCC filing.
The reasoning for indexing the federal tax liens with the UCC-1 filings has to do with a potential bankruptcy filing by the debtor/taxpayer. In most cases, there will be an issue of which lien takes priority in the bankruptcy case. The date of filing with the secretary of state usually decides the issue of priority.
The Federal Trade Commission (FTC) in its most recent staff report (in 2011) states that “employment purpose” is interpreted broadly and may apply to situations where individuals are not technically employees. Reports on consumers who are clearly not employees under traditional common law principles can nevertheless be construed as consumer reports for employment purposes.
It is up to the employer to determine the purpose of the background check based on its particular facts and circumstances. Some points to consider include:
1) Is the individual free from control and direction in connection with the performance of the service?
2) Is the service performed outside of the usual course of business of the employer?
3) Is the individual customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed?
If the answer is “yes,” then most likely a report on the individual would not be under the FCRA’s employment purpose.
While a few recent district court decisions have held that the FCRA employment purpose does not apply to contractors, the FTC has not budged on its stance that employees and nontraditional workers alike are protected under the FCRA.
Where there are gray areas, the conservative approach is to follow the employment purpose requirements but modify disclosure and authorization forms and other documents to reflect an independent contractor status.