The recent rulings of lower California courts suggest that the statute of limitations for an employee to file a claim for an alleged violation of federal and/or state background and credit checks laws can begin on the employee’s first day of work. The background check disclosure and authorization forms that are required by the Fair Credit Reporting Act (FCRA), California’s Consumer Credit Reporting Agencies Act (CCRAA) and Investigative Consumer Reporting Agencies Act (ICRAA) each carry a two-year statute of limitations. One recent California case deemed that plaintiffs discovered facts constituting their background check as early as their first day of work.
