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UPDATE: DOB Redaction within California Court Records

As you know, Consumer Reporting Agencies like A-Check Global rely on personal information within court indexes as an accuracy indicator during criminal background screening. We previously reported that more than 30% of California’s 58 counties were now redacting Date of Birth and other critical identifying information from criminal case records. We would like to now follow up with some great news.

The California State Assembly recently passed Senate Bill 1262 (SB 1262)—important legislation designed specifically to help stop delays in criminal background checks. This legislation will next be heading to the desk of California Governor Gavin Newsom for final approval and signature and will once again require publicly accessible electronic indexes of defendants in criminal cases to permit searches and filtering of results based on a defendant’s driver’s license number or date of birth, or both. For employers as well as the background screening industry, this is welcome news. Once the Governor signs the bill, previously redacted court case information is expected to be restored starting January 2023. We will certainly keep you updated as this progresses.

Your business means the world to us and we look forward to serving our valued California customers, as well as those nationwide and around the world, for years to come. We’re here to help if you have any questions.

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Compliance Clips for September 2022

CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION

Pay Transparency Legislation
21 states and a number of local jurisdictions already have pay transparency laws that require employers to disclose pay ranges to job applicants and employees. This growing legislation trend means employers should take a closer look at job applications and postings to ensure they are compliant—especially as overall hiring becomes more detailed due to ongoing remote workforce options and multi-state hiring. All in all, it’s always a great time to review hiring practices with your legal counsel.
READ MORE

FCRA Litigation
Let’s work together to help minimize the risk of class action FCRA lawsuits. In this case example, an organization recently agreed to a $225k settlement for violation of FCRA by failing to provide pre-adverse action notices when using background screening reports to make decisions regarding applicants and employees. As a reminder, if the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act must be presented to the individual. The individual must then be allowed at least five business days to dispute the information in the background check. If after that period of time adverse action is taken upon final decision, the individual must be provided with a final notice of adverse action.
READ MORE

New York City
Attention New York City employers: Effective January 1, 2023, local law will regulate the use of automated employment decision tools to identify and prohibit actions that discriminate against individuals in protected classes. What does this mean? Essentially, valuable online tools that are increasingly used during the employment process include algorithms and software geared toward finding top talent … but also has potential to impact scoring based on an individual’s gender, race, job title, etc. Generally speaking, New York City law will require that 1) IA tools are subject to a “bias audit” prior to using, and 2) employers will be required to meet certain notice requirements to candidates and employees.
READ MORE

I-9

I-9 Deadline
It’s worth one more reminder that the employer deadline was July 31, to update expired List B (proof of identification) with current proofs of identification for employees hired between May 1, 2020 and April 30, 2022 who presented an expired document. The Department of Homeland Security (DHS) adopted the temporary policy flexibility in response to challenges employers faced with renewing these documents during COVID. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, the DHS ended this flexibility May 1, 2022, and employers must once again accept only unexpired List B documents.
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SUBSTANCE ABUSE TESTING

In the News: Mushrooms
With some discussion at the state level around decriminalization of mushroom microdosing, it’s worth mentioning that while mushrooms won’t show up on most routine drug tests, drug contamination (lacing) likely will. Mushrooms generally won’t show up on a 5-panel test. Same goes for 8-, 10-, and 12-panel tests, but certain specialized tests might detect them. What’s interesting is that there have been reports of people selling regular, store-bought mushrooms laced with other drugs, including PCP, which is detected by most panel tests. So in general, while most organizations probably aren’t testing for mushrooms, applicants may inadvertently return a non-negative test depending on what they’ve unknowingly ingested.
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Missouri
Missouri voters will have a chance to vote on a proposed initiative to legalize recreational marijuana during this November’s general election. If passed, legislation would amend the Missouri Constitution to legalize the possession and use of marijuana for those 21 and older, allowing adults to purchase up to three ounces of marijuana at a time. The measure also allows adults who obtain a registration card to cultivate marijuana at home.
READ MORE

North Dakota
Also up for vote in 2022, North Dakota voters will have the chance to decide on marijuana legalization at the ballot this November. The initiative would allow adults 21 and older to purchase and possess up to one ounce of cannabis and grow up to three plants for personal use. Its provisions largely mirror the House-passed legalization bill that was ultimately rejected by the Senate.
READ MORE

Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.

BAN THE BOX

Harris County, Texas
Harris County represents the sixth Texas city or county to adopt a Ban the Box hiring policy. This Harris County policy applies only to public employers, not private employers. Ban the Box legislation has continued to gain momentum throughout the country. In fact, 37 states and more than 150 cities/counties have enacted Ban the Box legislation to help ensure that employers first consider an applicant’s skills and qualifications before viewing criminal history. This provides greater assurance that there is no negative bias to an employment application due to criminal convictions.
READ MORE

Questions? We’re here to help!

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Compliance Clips for August 2022

CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION

EEOC ADA Guidance
Under the EEOC’s newest guidance, employers can be liable for violating the Americans with Disabilities Act if artificial intelligence technology used to make employment-related decisions discriminates against individuals with disabilities. While employers are increasingly using AI decision systems for hiring and evaluation, it might be surprising to learn that these tools may unknowingly lead to discrimination. Specifically, there may be failure to provide reasonable accommodations to individuals with disabilities, or worse yet, there could be potential to screen out individuals with disabilities. The EEOC recommends making the hiring process transparent by providing instructions for accommodation that are easy to find and follow.
READ MORE

FCRA Litigation
Let’s work together to help minimize the risk of class action FCRA lawsuits. Employers must provide job applicants with a standalone disclosure stating the employer may obtain the applicant’s consumer report when making a hiring decision. In the case discussed here, it was alleged that an employer willfully violated the FCRA by providing candidates with disclosure that included extraneous language not related to consumer reporting.
READ MORE

It’s because of cases like these that A-Check Global maintains a sharp focus on background screening compliance. We routinely ask that our valued clients check, double-, and triple-check to ensure that your employment consumer reporting is FCRA compliant. When an employer uses a third party (like A-Check Global) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a short checklist of key requirements:

Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.

Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.

Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.

If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.

Allow the individual at least five business days to dispute the information in the background check.

If adverse action is taken upon final decision, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.
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I-9

I-9 Deadline
A quick reminder that the employer deadline was July 31, to update expired List B (proof of identification) with current proofs of identification for employees hired between May 1, 2020 and April 30, 2022 who presented an expired document. The Department of Homeland Security (DHS) adopted the temporary policy flexibility in response to challenges employers faced with renewing these documents during COVID. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, the DHS ended this flexibility May 1, 2022, and employers must once again accept only unexpired List B documents.
READ MORE

SUBSTANCE ABUSE TESTING

California Law
Recently, the Ninth Circuit Court of Appeals ruled that under California law, job applicants were not entitled to compensation or travel expenses for the time required to take a pre-employment drug test. It is worth noting that this case is limited to pre-employment drug testing. It does not discuss drug testing for existing employees. The compliance reminder here—for those employers including drug testing as part of the employment process—is to ensure you make it clear to your candidates that any employment offer extended is contingent upon passing a pre-employment drug test.
READ MORE

Drug Testing Analysis
Drug test positivity reaches highest level in two decades, as reported by Quest Diagnostics. According to drug testing analysis based on more than 11 million drug test lab results conducted throughout 2021 by Quest Diagnostics, the rate of drug test positivity across the combined U.S. workforce hit a two-decade high last year. This is 30% higher than recorded all-time lows in 2010-2012, bringing added recruiting complexity to HR professionals hiring for safe, healthy workplaces. The Quest Diagnostics Drug Testing Index Analysis looks at the combined U.S. workforce including private employers with company testing policies, as well as federally mandated, safety-sensitive positions such as federal employees and transportation positions like pilots, forklift operators, etc. The overall positivity rate for this combined workforce was 4.6% in 2021, up from 4.4% in 2020. In comparison to just a decade ago between 2010 and 2012, overall positivity was 3.5%.
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Washington D.C.
The Washington, D.C. city council passed the Cannabis Employment Protections Amendment Act, with employment protection for recreational and medical marijuana use. Congress has 60 days to review this act before becoming law. The Cannabis Employment Protections Amendment Act prohibits employers, with certain exceptions, from refusing to hire, terminating from employment, suspending, failing to promote, or otherwise penalizing due to an individual’s use of cannabis.
READ MORE

Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.

Questions? We’re here to help!

Featured

JULY UPDATE: Redaction of Information within California Court Records

We’ve briefly mentioned this before, but it certainly bears repeating as everyone here at A-Check Global remains focused on providing accurate, compliant service, all with the shortest turnaround times possible. As you may know, we closely follow and participate in efforts to address California Rules of Court, rule 2.507—legislation which resulted in removal of date of birth and other personal information from publicly accessible criminal record cases.

Consumer Reporting Agencies like A-Check rely on personal information within court public indexes as an accuracy indicator during criminal background screening. It is reported that greater than 30% of California’s 58 counties now redact full or partial DOBs from criminal case records.

While we will never accept service disruptions as the “new normal,” for now, service impact is often an unfortunate combination of issues. For example, A-Check has seen problematic delays in many counties because they’ve not only removed DOBs from publicly accessible case information, but now also have limited processes in place to help court researchers in person. This causes name matches to get heavily delayed. In fact, we’ve also seen many researchers are being limited to a maximum number of daily case requests—likely an effort to give courts the best opportunity possible to keep up with demand.

There is certainly no magic solution to this redaction rule, and delays may continue within these counties for the foreseeable future. That said, please know that A-Check and our researchers, along with other CRAs, data providers, and industry organizations like the Professional Background Screening Association (PBSA) continue to actively lobby in favor of productive revisions to the rule for specific, permissible purpose (like background screening).

While this is only a snapshot of service impact as of this writing, A-Check is seeing process delays in the following California counties: Butte, Calaveras, Contra Costa, Glenn, Lake, Lassen, Los Angeles, Madera, Marin, Merced, Napa, Placer, Riverside, San Benito, San Mateo, Santa Clara, Shasta, Solano, Ventura, and Yuba.

In spite of challenges we face throughout numerous counties within California, we will continue to serve our valued clients to the best of our ability.

We’re here to help answer any questions you may have.

Featured

Drug Test Positivity Reaches Highest Level in Two Decades

According to drug testing analysis based on more than 11 million drug test lab results conducted throughout 2021 by Quest Diagnostics, the rate of drug test positivity across the combined U.S. workforce hit a two-decade high last year. This is 30% higher than recorded all-time lows in 2010-2012, bringing added recruiting complexity to HR professionals hiring for safe, healthy workplaces.

A closer look at workforce drug use

The Quest Diagnostics Drug Testing Index Analysis looks at the combined U.S. workforce including private employers with company testing policies, as well as federally mandated, safety-sensitive positions such as federal employees and transportation positions like pilots, forklift operators, etc. The overall positivity rate for this combined workforce was 4.6% in 2021, up from 4.4% in 2020. In comparison to just a decade ago between 2010 and 2012, overall positivity was 3.5%.

And, as you might imagine, marijuana positivity continues to represent much of the increase. Over five years, positivity for marijuana in the overall U.S. workforce increased 50% (2.6% in 2017 versus 3.9% in 2021).

When looking at the federally mandated, safety-sensitive workforce only, Quest reports steady numbers between 2022 and 2021 at 2.2% positivity. However, among this group, there were slight rises in positivity results for marijuana (0.79% in 2020 to 0.86% in 2021), amphetamines (0.64% in 2020 to 0.69% in 2021), and cocaine (0.20% in 2020 to 0.21% in 2021).

Post-accident testing

  • Urine positivity rates for post-accident testing (marijuana, cocaine, and semi-synthetic opiates) increased at a greater rate than pre-employment testing over five years
  • General U.S. workforce urine drug testing, pre-employment positivity increased 17.4% (4.6% in 2017, 5.4% in 2021) and post-accident positivity increased 26% (7.7% in 2017, 9.7% in 2021)
  • Federally mandated, safety-sensitive workforce urine drug testing, pre-employment positivity increased 9.5% (2.1% in 2017, 2.3% in 2021) while post-accident positivity increased 41.9% (3.1% in 2017, 4.4% in 2021)

Drug use by industry

Overall positivity rates increased in 16 out of 17 identified industries between 2017 and 2021. The Retail Trade industry reported the highest positivity rate in 2021 at 7%, resulting in a nearly 35% increase since 2017. And again, as you might expect, marijuana positivity increased in all industries from 2017 to 2021. The Accommodation and Food Service industry had the highest workforce positivity for marijuana at 7.5%, an increase over 3.5% in 2017.

What to make of this information

Today, the workforce is certainly fueled by shifting attitudes on drug use. The decriminalization of marijuana specifically is a country-wide evolution in legislation as a growing number of states and jurisdictions allow marijuana for both medical and recreational use. Across all age groups, from Gen Z to Boomers, perceptions are changing. Over time, there will be decisions to be made as companies balance their requirement for drug testing policies with the management of workplace risk from drug use, including workplace accidents, absenteeism, and noticeable decreases in productivity.

Here at A-Check Global, we welcome the opportunity to speak with you about your drug testing program. We are always available to discuss your business needs and share drug testing best practices with you based on similar client activity within your industry. Evolution of your program may be as simple as making slight adjustments to your drug testing panel or implementing quick solutions like oral fluid testing to help you make immediate employment decisions on-site.

We understand that in the midst of the Great Resignation, it’s tough enough to find and retain top talent. We’re here to help make your recruiting process as easy as possible. This includes convenient, compliant, and candidate-friendly drug testing solutions to keep your recruiting process as smooth and pain free as possible.

Got questions? We love that. Please don’t hesitate to reach out and let us know how we can help.

Featured

Compliance Clips for July 2022

CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION

Nationwide Credit Reporting
The three major credit bureaus announced that beginning July 1, 2022, paid medical collection debts will be removed from consumer credit reports, and the time period before unpaid medical debts are reported increases from six months to one year. Additionally, in the first half of 2023, it has been announced that medical collection accounts $500 and under will no longer be included in a consumer credit report. While these changes don’t and won’t eliminate medical debt from credit reports entirely, the three credit bureaus—Equifax, Experian and TransUnion—do note that they anticipate as much as 70% of consumer medical debt will be removed from credit reports. Please keep in mind that for those consumers who have medical debt on a credit card, that will continue to exist as credit card/loan debt until paid.
READ MORE

Nationwide EEOC Guidance
New EEOC guidance for employers using AI during hiring: AI can potentially discriminate against applicants with disabilities. On May 12, 2022, the Equal Employment Opportunity Commission issued a new comprehensive “technical assistance” guidance entitled The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees. As referenced in this guidance, the “screen out” problem of AI rejecting applicants who would otherwise qualify for the job with reasonable accommodation is addressed. Under the ADA, a screen out is unlawful if the tool screened out an individual who can perform essential functions of the job with a reasonable accommodation. Employers should proactively manage risk by addressing unintended results from AI technology and communicate up front the knowledge, skill, ability, education, experience, quality, or trait that will be measured or screened with the AI tool. All while further empowering applicants to share if they feel some disability accommodation will be needed.
READ MORE

FCRA Compliance
It’s always a good time to check, double-, and triple-check to ensure that your background check consumer reporting is FCRA compliant. When an employer uses a third party (like A-Check Global) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a short checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check.
  • If adverse action is taken upon final decision, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.
READ MORE

Pre-Adverse Action Requirements
While the case in this example was a win for the employer, it’s a great reminder that compliance with FCRA law at every step of the background screening process can help minimize risk from costly litigation. If an employer decides to rescind an offer based on information from a report—a criminal conviction in this case—then before taking adverse action the employer must provide the applicant with: (1) a copy of the background check and (2) a written summary of consumer rights. The prospective employee then gets a reasonable amount of time to dispute the accuracy of the report. While this employer did not provide the report before rescinding the offer, the applicant’s suit did not prevail under FCRA because they do not have the right to dispute accurate—but negative—information found on the report.
READ MORE

SUBSTANCE ABUSE TESTING

Washington D.C.
If approved and signed into law, Washington, D.C. will join an increasing number of state and local jurisdictions restricting employers from testing employees for cannabis use as a condition of employment. The bill applies to nearly all employers in D.C. and under the bill, employers cannot terminate, suspend, fail to promote, demote, refuse to hire, or otherwise penalize an employee or prospective employee based on their cannabis use, their status as a medical cannabis program patient, or the presence of cannabinoid metabolites in their system without additional factors indicating impairment. That said, employers can test and discipline employees in safety-sensitive positions for cannabis use and can test to comply with federal statute, federal regulations, or federal contracts. Employers can also require post-accident and reasonable-suspicion drug testing.
READ MORE

Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.

BAN THE BOX

Federal Employees
We’ll keep an eye on this. Ban the Box regulations—the consideration of an applicant or employee’s criminal history during employment decisions—have been proposed for federal employees, perhaps serving as a model for upcoming regulations governing the consideration of applicant criminal history for federal contractors as well. The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). Initially, as mentioned, these proposed regulations, if adopted, will affect only federal employees.
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Des Moines, Iowa
Although not widely promoted, the city of Des Moines, Iowa, passed a “ban-the-box” law limiting employer inquiries into an applicant’s criminal history until after a conditional offer of employment. The Des Moines city council unanimously passed the ordinance amending municipal code to make it “illegal and discriminatory” for employers to: (1) include criminal history inquiries on an application, and (2) inquire into criminal history or conduct criminal background checks before a conditional offer of employment.
READ MORE

DATA PRIVACY

Federal Privacy Law Discussion
On June 3, 2022, a bipartisan group of lawmakers published a discussion draft for the proposed American Data Privacy and Protection Act (ADPPA)—momentum in the effort toward a federal privacy law. The ADPPA is a draft bill and is yet to be introduced in the U.S. House or Senate, which means that any provision is subject to amendment. The ADPPA would apply broadly to organizations and businesses operating in the United States and defines consumer protection of “Covered data”—information that identifies or is linked or reasonably linkable to an individual or a device that identifies or is linked or reasonably linkable to one or more individuals, including derived data and unique identifiers. We’ll keep an eye on these efforts and will report progress.
READ MORE

Questions? We’re here to help!

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Social Media Checks: Quickly Identify Harmful Online Behavior

Why consider checking a job applicant’s social media channels?

Simply put, it can be an additional but important step in the recruiting workflow to help further protect your company brand and the safety of your workforce from toxic behavior. The actions of “One bad apple” have the potential to negatively impact not just the well-being of your employees, but also your company’s reputation. We all have horror stories of off-color conversations and inappropriate harassment from problem employees that unchecked, would have likely risked the loss of top talent.

For better or worse, it stands to reason that an applicant’s digital presence can often provide a pretty complete picture of their character. Information found throughout social media (Facebook, Twitter, Instagram, etc.) can also help you determine whether they would be a right fit for your company. This doesn’t mean that a Social Media Check eliminates all risk. But in general, and as part of an overall recruiting effort, a Social Media Check is a valuable—and compliant—tool to help you minimize the risk of a toxic workplace.

How does a Social Media Check work?

The Configuration
Social Media Checks are designed to save hours of manually scouring an applicant’s online presence by instead utilizing a proven AI system to return accurate information in a fraction of the time. During your specific account setup, we’ll work closely with you to implement flags for specific risk behaviors that are important for your company to identify:

  • Drug and Alcohol Use
  • Explicit Sexual Content
  • Violence and Bullying
  • Racism and Hate Speech
  • Profanity

The Request
Submitting applicants for a Social Media Check is as easy as providing A-Check with name, date of birth, and additional information securely within A-Check Direct or via an A-Check integration with your existing ATS.

The Search
Within 24-72 hours, AI software builds a comprehensive online profile of your applicant, while experienced investigators verify the applicant identity and review 100% of all flagged content returned during the automated search.

The Report
Your report is available for review within your applicant’s screening file in A-Check Direct. You’ll have an opportunity to review a listing of the social sites searched and examples of negative content.

But are Social Media Checks Legal? Yes, they are.

Yes, compliant Social Media Checks are legal. That said, employers should rely on a reputable third-party partner—like A-Check—for assistance. Our Social Media Checks are performed with a focus on compliance. Simply put, we work to redact protected class information you should not see when making hiring decisions: race, gender, age, religion, disabilities, etc. You’ll have the behavior-related information you need when considering applicants, while also being removed from protected information that would be impossible to “un-see.”

Have questions about A-Check’s Social Media Check? We’d love to help and welcome your call or email.

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Compliance Clips for June 2022

CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION

Washington
In employer compliance news: Washington has amended its Equal Pay and Opportunities Act (EPOA) to require employers to include wage and benefit information in their job postings, effective January 1, 2023. Washington is the third jurisdiction to do so, in an effort to address what is seen as a significant pay gap. This new regulation replaces a prior requirement that employers provide employee pay information to applicants “upon request” after receiving an employment offer, and applies to employers with 15 or more employees.
READ MORE

California
Compliance counts! An important reminder that FCRA compliance includes obtaining authorization from a candidate prior to a background check, and that these appropriate disclosures are presented as standalone documents. In a case detailed here, a plaintiff filed suit in the Superior Court of San Diego County alleging the defendant willfully violated the FCRA by providing job applicants with a disclosure form that included extraneous language unrelated to the topic of consumer reports (a background check in this case). The California Court of Appeals reversed a previous decision, noting that the defendant’s prolonged use of the disclosure form could suggest recklessness because the defendant lacked ongoing monitoring and legal guidance to guarantee FCRA compliance of documents.
READ MORE

An Important Compliance Reminder
Although in this case, a Federal Appeals Court sided with the employer, it’s a good opportunity to remember that without documented background screening processes, claims of FCRA violations can become costly class action lawsuits. According to a recent decision from a federal appeals court, the applicant didn’t claim criminal information found on the background report was wrong. Instead, the claim stated that time should have been allowed to explain the conviction before the offer was withdrawn. the 8th U.S. Circuit Court of Appeals ruled in favor of the employer. However, as noted, while the applicant did not receive a copy of the report prior to rescindment of an employment offer, the applicant did not claim the report was inaccurate.
READ MORE

Tips for Background Check Compliance
If you aren’t performing candidate background checks, or worse yet, doing them incorrectly, you could become the defendant in a lawsuit. Here are 6 great tips employers should keep in mind:
1) Checking initially for candidate application errors that can cause potential issues
2) Using an accredited background screening company—like A-Check Global
3) Simplifying your screening process and candidate communication
4) Focusing on FCRA compliance throughout the workflow
5) Reviewing requirements for Ban the Box and other state-by-state legislation
6) And, understanding limitations for credit history and/or salary inquiries
READ MORE

I-9 AND E-VERIFY

Document Review Extension

U.S. Immigration and Customs Enforcement (ICE) announced a thirteenth extension, this time for a six-month period—until October 31, 2022—of I-9 compliance flexibility rules relating to Form I-9. This flexibility allows ongoing exemptions for “in-person” work authorization document review for companies still offering remote work schedules. That said, there is also discussion that the government is still considering a permanent virtual option for document review. We will continue to watch this issue and report further information.
READ MORE

REMINDER: Expired List B Document Requirements
Employers who have accepted expired List B documents should now update their I-9 forms in accordance with DHS instructions that took effect May 1, 2022. The DHS announced that starting May 1, 2022, employers must only accept unexpired List B documents when completing Form I-9. What’s more, employers should audit all Form I-9s completed between May 1, 2020 and April 30, 2022 to determine if any of them need to be updated with a current (unexpired) identity document.
READ MORE

SUBSTANCE ABUSE TESTING

Nationwide Legislation
As we all know, there are a growing number of states with varying degrees of legalized marijuana. For some, medical marijuana is legal, but not recreational. For others, marijuana is fully legalized. And in some states, including New Jersey and New York, even testing for marijuana is regulated by legislation. For employers operating in multiple states, marijuana testing obligations will be different from location to location. One option with growing popularity among employers is to have a comprehensive drug testing policy stating your company does not condone marijuana use, and the company will comply with applicable laws in states/jurisdictions where it does business. That of course means substance abuse policy will differ depending on where your employees work. It’s certainly one approach to drug testing among many, but always remember A-Check is here to help answer any questions you may have.
READ MORE

New Hampshire
A last attempt to pass marijuana legalization legislation this year in New Hampshire has failed, and it looks like no further marijuana proposals are expected this year for NH. Senate Bill 299 would have allowed adults to possess and grow small amounts of cannabis, and would have also removed the current $100 penalty for possessing less than three-quarters of an ounce of marijuana.
READ MORE

To date, thirty-seven states and Washington, D.C. have laws legalizing medical marijuana, with 19 states and D.C. legalizing marijuana for recreational purposes, according to the National Conference of State Legislatures.

Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.

BAN THE BOX

Tampa, Florida

Tampa, Florida is currently developing a plan to get employers and city contractors to stop asking job applicants about their criminal history prior to a conditional offer. This Ban the Box effort would also help to promote businesses hiring people with criminal records. Tampa sees this effort—to be potentially approved at a later meeting—as a move toward increased overall employment, and the reduction of repeat criminal offenders.
READ MORE

DATA PRIVACY

Connecticut
Connecticut is poised to become the fifth state to enact comprehensive privacy legislation, with most of the new law’s provisions taking effect July 1, 2023. Connecticut legislation is modeled after the Colorado Privacy Act (CPA) and the Virginia Consumer Data Protection Act (VCDPA), using many of the same definitions and provisions to align with the laws in these jurisdictions. This includes: the right to access personal data, the right to correct personal data, the right to delete personal data provided by or obtained about the consumer, the right to port the consumer’s data to another entity and, the right to opt out of the sale of personal data, targeted advertising, and profiling.
READ MORE

Worldwide Data Privacy
Data privacy laws in place—and others coming soon—will likely impact nearly every business in some way. Especially in a globalized economy where more and more companies have a worldwide footprint of business activity. Now, more than every before, it’s important for companies to grow data privacy teams, and have informed approaches to doing business while also complying with global privacy requirements. Financial penalties for non-compliance can be very steep and vary significantly depending on legislation. Here’s a good look at current regulations, as well as penalties for non-compliance.
READ MORE

Questions? We’re here to help!

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Compliance Clips for May 2022

GENERAL CONSUMER REPORTING INFORMATION

Illinois
In compliance news: A former employee in Illinois filed a class action case over a company’s use of voice recognition technology, alleging that the practice violated the state’s Biometric Information Privacy Act. Illinois’ BIPA restricts the use of biometric information and biometric “identifiers,” including retina, fingerprint, voiceprint, hand or face geometry scans. According to this specific lawsuit, it was alleged that voiceprints, archived along with the employee name and employee number, could be hacked, putting workers at greater risk for identity theft.
READ MORE

Wisconsin
A recent Wisconsin Supreme Court decision may provide some relief to employers by allowing them to consider an applicant’s conviction for crimes of domestic violence as potentially disqualifying for a job opening. Previously, it was argued that the nature of household-related crime is inherently missing from a workplace setting. With this new decision, Wisconsin employers can now more comprehensively assess the actual workplace risk of a job candidate repeating dangerous conduct, resulting in threatened safety of employees, customers, and the public.
READ MORE

Tips for Background Check Compliance
If you aren’t performing candidate background checks, or worse yet, doing them incorrectly, you could become the defendant in a lawsuit. Here are 6 great tips employers should keep in mind:
1) Checking initially for candidate application errors that can cause potential issues
2) Using an accredited background screening company—like A-Check Global
3) Simplifying your screening process and candidate communication
4) Focusing on FCRA compliance throughout the workflow
5) Reviewing requirements for Ban the Box and other state-by-state legislation
6) And, understanding limitations for credit history and/or salary inquiries
READ MORE

New York City
Effective May 15, 2022, the New York City Human Rights Law (NYCHRL) will require employers with four or more employees that advertise jobs in New York City to include a good faith salary range for every opportunity advertised. Any advertisement for a job, promotion, or transfer opportunity that can be performed in New York City, whether from the employer’s office or remotely, including from the employee’s home, is covered. Employers must now disclose an expected minimum and maximum salary that they believe at the time of the posting, they are willing to pay for the job, promotion, or transfer opportunity.
READ MORE

I-9 AND E-VERIFY

REMINDER: List B Document Requirements Beginning May 1, 2022
We mentioned this last month, but it’s worth a quick reminder. Those employers who have accepted expired List B documents should now update their I-9 forms in accordance with DHS instructions that took effect May 1, 2022. The DHS announced that starting May 1, 2022, employers must only accept unexpired List B documents when completing Form I-9. What’s more, employers should audit all Form I-9s completed between May 1, 2020 and April 30, 2022 to determine if any of them need to be updated with a current (unexpired) identity document.
READ MORE

SUBSTANCE ABUSE TESTING

Nationwide Legislation
In cannabis news we’re keeping an eye on, the House recently passed legislation—with a vote of 220-204—that would legalize marijuana nationwide, while also removing criminal penalties for anyone who manufactures, distributes or possesses the substance. In addition to decriminalizing marijuana at the federal level, the bill would 1) implement a process for expunging previous convictions, and 2) impose a tax, beginning at 5%, on the sale of cannabis products nationwide. The likelihood of passing such a bill in the Senate appears to be low at the moment, but work is being done to overcome hurdles.

To date, thirty-seven states and Washington, D.C. have laws legalizing medical marijuana, with 18 states and D.C. legalizing marijuana for recreational purposes, according to the National Conference of State Legislatures.
READ MORE

2022 State-by-State Legislation
More than a half-dozen states are poised to enact legislation in 2022 to potentially legalize medical or recreational marijuana. Much of this activity is happening along the East Coast—here’s a quick look at 2022 efforts.
READ MORE

California
A bill introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job, but would not permit employees to be impaired by, or to use cannabis on the job. This legislation would not permit an employee “to be impaired by, or to use cannabis on the job” or affect “the rights or obligations of an employer to maintain a drug and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code.”
READ MORE

Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.

DATA PRIVACY

Virginia
Virginia Governor Glenn Youngkin signed three Virginia Consumer Data Protection Act (VCDPA) amendment bills into law. The VCDPA’s text is now finalized in advance of its January 1, 2023 effective date. These bills, as further detailed in the following link, 1) add a new exemption to the VCDPA’s right to delete, 2) repeal the Consumer Privacy Fund provision and, instead, direct penalties, expenses and attorney fees recovered enforcing the VCDPA to a different fund; and 3) modify the VCDPA’s definition of nonprofit.
READ MORE

 Questions? We’re here to help!

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IMPORTANT UPDATE: Encouraging Progress in Michigan PII Access

A-Check Global remains focused on efforts being made to once again grant access to previously redacted identifier information within Michigan court records. The Professional Background Screening Association (PBSA)—a non-profit organization established to represent Consumer Reporting Agencies offering employment background screening services—continues to advocate for our industry, and has recently shared positive developments with its membership on this issue.

As a previously negotiated amendment to Michigan Court Rule 1.109, the Michigan State Court registration site went into effect on April 1, 2022. With this important action, court researches and additional, “authorized individuals” were provided opportunity to register with the Michigan State Court Administrative Office (SCAO) for continued access to PII within the Michigan court system.

PBSA has remained extremely active in monitoring this new access authority since April 1, and thankfully, the Michigan SCAO has been receptive to feedback about any workflow issues reported to PBSA. To date, there have been some ongoing instances of process delays. Some courts have restricted access, or limit the total number of verifications a researcher can perform per day.

On April 19, the Michigan SCAO released an FAQ document to provide further information on personal identifying information in court filings, including:

  • Authorized Individuals should be able to obtain court records by fax or email, and not be required to do so in person at Michigan courts.
  • Authorized individuals can use a redacted version of their own driver’s license as official identification.
  • Michigan courts cannot charge for a record check. Except where prohibited by law, they can however, charge a reproduction fee or copy fee.

It is noted by PBSA’s member advisory that local Michigan courts may continue to introduce process policies that could negatively impact turnaround time for court research. We at A-Check will continue to closely monitor this issue and keep our valued clients informed with any further progress.

We’re here to help answer any questions you may have, and we are honored to serve you.

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Compliance Clips for April 2022

GENERAL CONSUMER REPORTING INFORMATION

Class Action Litigation
Class action suits over alleged, unlawful use of consumer reports are ongoing, and increasing. Let’s work together to focus on your employment program compliance. Unfortunately, FDCPA, FCRA, and TCPA lawsuit filings are higher in January 2022 than January 2021. What’s more, of the approximately 1,053 lawsuits litigants have filed this year, 524 seek a judgement based on FCRA guidelines—representing a nearly 14% increase compared to the same time period one year ago. A sign of things to come, and certainly a reminder to see that your employment recruiting program is compliant. Got questions about background screening? We invite you to ask A-Check! We’re here to help.
READ MORE

New York’s Fair Chance Act
New employment laws impacting New York employers, including a Fair Chance Act amendment now requiring that criminal conviction history inquiries happen after a conditional offer of employment. That is, after all non-criminal background checks have been completed, and a conditional offer of employment has been extended, a company can conduct a criminal record review regarding the candidate. With any criminal history information reported during this process, the company cannot then withdraw an employment offer unless it is determined that 1) there’s a direct relationship between the candidate’s conviction history or pending charges on the job position, or 2) the company can show that hiring this candidate would introduce unreasonable risk to the safety or welfare of the workforce or general public.
READ MORE

Wisconsin
A Wisconsin Supreme Court ruling will ease the burden on Wisconsin employers during the employment process, while assessing whether an employee’s or applicant’s crimes are substantially related to a job. The Wisconsin Fair Employment Act (WFEA) prohibits employers from discriminating against applicants and employees on the basis of their arrest and conviction records. In this ruling, while Wisconsin employers must still engage in assessment of an applicant’s or employee’s pending charges or convictions, they no longer need to consider treating domestic violence any differently than other types of charges or convictions.
READ MORE

I-9 AND E-VERIFY

List B Document Update
The DHS announced that because document-issuing authorities have reopened and/or have provided alternatives to in-person renewals, starting May 1, 2022, employers must only accept unexpired List B documents when completing Form I-9. What’s more, employers should audit all Form I-9s completed between May 1, 2020 and April 30, 2022 to determine if any of them need to be updated with a current (unexpired) identity document.
READ MORE

Form I-9 Document Inspection
ICE has extended its temporary policy allowing employers to inspect Form I-9 documents virtually through April 30, 2022. ICE is also planning a proposed regulation to be published by summer 2022 to set forth guidance for a permanent remote document inspection. This is welcome news as many trend toward permanent hybrid work solutions, and is encouraging that the government is closely following workplace trends and is willing to take a look at updating the Form I-9 process. We will keep a close eye on this developing story.
READ MORE

SUBSTANCE ABUSE TESTING

Nationwide Legislation
With increasing public and legislative support for marijuana acceptance, 2022 could easily be another busy year for legalization. In fact, more than a half-dozen states are poised to enact legislation in this year to potentially legalize medical or recreational marijuana: Rhode Island, South Carolina, Delaware, North Carolina, Kansas, Minnesota, New Hampshire, and Pennsylvania.

Please keep in mind that A-Check Global is always here to help as you determine the course of your own employment drug testing.
READ MORE

DATA PRIVACY

Utah
Utah legislature recently passed the Utah Consumer Privacy Act (UCPA). UCPA is a comprehensive privacy bill that shares similarities to the California Consumer Privacy Act (CCPA). If the Governor signs the bill into law, Utah will become the fourth state to pass consumer privacy legislation. This means that businesses with connections to Utah who qualify as an entity covered by the UCPA should prepare to be compliant with the law preferably before but no later than the legislation’s December 31, 2023 effective date.
READ MORE

Questions? We’re here to help!

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Compliance Clips for March 2022

GENERAL CONSUMER INFORMATION

California Redaction of Court Record Information
A-Check Global continues to follow and participate in efforts related to a California ruling to remove date of birth from public records, and we wanted to take just a moment to keep you updated on recent progress surrounding this issue. The Professional Background Screening Association (PBSA)—an important, non-profit organization established to represent Consumer Reporting Agencies offering employment background screening services—continues to vigorously advocate to retain the DOB within California County court records as a critical identifier in accurate, comprehensive background screening. Here’s a quick look at recent developments.
READ MORE

Class Action Litigation
Class action suits over alleged, unlawful use of consumer reports are ongoing. Let’s work together to focus on your employment program compliance. In this example, a recently proposed class action claims a nationwide home improvement retailer unlawfully used job applicants’ consumer reports to make adverse employment decisions without first providing them with a copy of the report—a violation of the Fair Credit Reporting Act (FCRA). As we all know, the FCRA was designed to provide all consumers a chance to dispute or explain inaccurate or derogatory information reported within a background screen before employment decisions are made. We’re here to help, and welcome questions you have about the compliance of your employment program.
READ MORE

Illinois Class Action Litigation
In recent privacy news from Illinois: A class action lawsuit alleges a hiring platform using AI to assess candidates during video interviews, illegally collected facial data for analysis, violating the Biometric Information Privacy Act. The complaint claims the company illegally facial data for analysis without receiving written permission by applicants during the job interview process. Further, the complaint claims no publically available guidelines for biometric data destruction exist. As HR professionals and companies align their employment program with evolving technology, it’s important to be vigilant in ensuring compliance.
READ MORE

2022 Increase in Lawsuit Filings
Unfortunately, FDCPA, FCRA, and TCPA lawsuit filings are higher in January 2022. A sign of things to come, and certainly a reminder to see that your employment recruiting program is compliant. Out of approximately 1,053 lawsuits litigants have filed this year under the aforementioned statutes, 524 seek relief under the FCRA—representing a nearly 14% increase over this time period in 2021. Got questions about the compliance of your background screening program? #askacheck
READ MORE

I-9 AND E-VERIFY

SUBSTANCE ABUSE TESTING

Nationwide Legislation
With increasing public and legislative support for marijuana acceptance, 2022 could easily be another busy year for legalization. Every year, it’s important for employers to review drug testing policies to take new laws into consideration. Please know that A-Check Global is always here to help as you determine the course of your own employment drug testing, but in the meantime, here’s a quick look back at marijuana law activity—state by state—throughout 2021.
READ MORE

DATA PRIVACY

New York and New York City
New York City and State have recently passed employee privacy laws. One addressing use of automated decision tools in job interviews, and one addressing electronic monitoring of employee communication.

Automated decision tools: Beginning January 2, 2023, a new law will require employers or employment agencies in New York City to complete a bias audit before using an automated employment decision tool to screen job candidates and existing employees. This is a growing trend, and similar legislation has been passed in Illinois and Maryland to help prevent bias when relying on AI tools.

Employee electronic monitoring: Beginning May 7, 2022, a new law will require employers with a place of business in New York state to notify employees of electronic monitoring when in place. The law covers the monitoring of employee phone communication, email, or internet access. Employers must provide prior written notice of such monitoring upon hiring of an employee.
READ MORE

Questions? We’re here to help!

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IMPORTANT UPDATE: Redaction of Information within California Court Records

A-Check Global continues to follow and participate in efforts related to a California ruling to remove date of birth from public records, and we wanted to take just a moment to keep you updated on recent progress surrounding this issue.

As you know, background check companies—like A-Check Global—rely on searching public indexes for criminal record information in California courts. While a 2021 lawsuit (All of Us or None, v. Hamrick) was brought against the Riverside Superior Court only, the court of appeal’s ruling impacted the majority of California state courts, because the court’s ruling was based on a statewide law: California Rules of Court, rule 2.507.

The Professional Background Screening Association (PBSA)—an important, non-profit organization established to represent Consumer Reporting Agencies offering employment background screening services—continues to vigorously advocate to retain the DOB within California County court records as a critical identifier in accurate, comprehensive background screening. Here’s a quick look at recent developments.

California Judicial Council
In 2021, PBSA made a rules change request to the California Judicial Council requesting clarification that Rule 2.507 allow for the use of date of birth and driver’s license as a search term, or filter to the results returned. PBSA’s request was denied by the Judicial Council in December of 2021.

On February 11, 2022 the Consumer Data Industry Association (CDIA) filed a follow-up request to the Judicial Rules Council to again consider clarification to rule 2.507. CDIA and PBSA have engaged a group of allied associations and organizations and are requesting that they submit letters to the Judicial Council in support of CDIA’s request. The hope is that with this new request, and now that redaction has been implemented in LA County, the Judicial Council will recognize the impact of this issue.

California Legislation
On February 17, 2022, California Senate Bill 1262 was introduced by Senator Bradford. If passed, this bill would require publicly accessible electronic indexes of defendants in criminal cases to permit searches and filtering of results based on a defendant’s driver’s license number or date of birth, or both. Of course, next steps would include working with partner organizations and associations to support this bill through committee and ultimately a vote.

Litigation
PBSA has prepared motions to intervene as a plaintiff in current Sonoma and Merced lawsuits—the goal being to file a cross-complaint against the courts to maintain the status quo and leave the date of birth search fields accessible within indexes on the court websites. PBSA anticipates this effort will be a very long process, lasting throughout 2022 and likely into 2023. They also anticipate there may be additional lawsuits in other California counties throughout 2022, which PBSA will monitor closely.

Here at A-Check, please know that we have not relaxed our standard processes for criminal record searches. Prior to presenting permissible results to our clients, we still require 3 identifiers to authenticate the identity of search information. In spite of challenges we face throughout numerous counties within California, we will continue to serve our valued clients to the best of our ability.

We’re here to help answer any questions you may have.

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Compliance Clips for February 2022

GENERAL COMPLIANCE INFORMATION

Highlights in Background Screening Legislation
Let’s all work together to help minimize the risk of non-compliance within your employment background screening program. Time to review your screening practices for 2022, as last year, many states enacted ban-the-box and other laws impacting background screening. Here are the highlights:

Illinois amended the Illinois Human Rights Act, making it more difficult to reject applicants or terminate employees based on conviction history. Adverse employment action, based on criminal conviction history, may only take place if it directly relates to a job or presents unreasonable risk to workplace safety.

Louisiana passed a “Fair Chance” law prohibiting employers with 20+ employees within the state from considering an arrest or charge not resulting in a conviction if the record was presented during an employment background check.

New York City amended its Fair Chance Act. Guidance within this new legislation states that employers may not consider charges without convictions, must follow a specific process when considering a pending record, and may only reject an applicant if the applicant intentionally failed to disclose or misrepresented criminal history.

Philadelphia expanded its Ban the Box legislation to now cover criminal history inquiries for independent contractors, gig workers, and current employees.
READ MORE

Salary Transparency Law for Applicants and Employees
On December 15, 2021, the New York City Council passed legislation—as part of a growing, multi-state/city effort to overcome pay disparity—amending the NYC Human Rights Law to now require that employers disclose salary ranges in job postings. This law, in effect beginning May 14, 2022, will cover all NYC employers with four or more employees, and is just the latest in a quickly growing legislation movement to promote pay transparency across job openings, position transfers, and promotion opportunities.

For your reference—although it’s a snapshot of legislation as it exists today—here’s a quick look at states and cities that currently require employers to disclose salary ranges to applicants and employees.
READ MORE

Anti-Discrimination Legislation
This review of new anti-discrimination laws enacted in 2021 and yet to enact in 2022 illustrate that lawmakers continue to expand on employee protection legislation. Many new laws focus on natural hair and race-based hairstyle discrimination. Be sure you’re familiar with laws impacting your organization.
READ MORE

BAN THE BOX

Nationwide Federal Contractors
Under the Fair Chance Act, federal contractors—in certain cases—are now prohibited from inquiring about a job applicant’s criminal history during the initial employment application process. In general, the FCA covers both civilian agency and defense contractors, and prohibits criminal history inquiries until after the contractor has extended a conditional employment offer.
READ MORE

I-9 AND E-VERIFY

SUBSTANCE ABUSE TESTING

Nationwide Legislation
With increasing public and legislative support for marijuana acceptance, 2022 could easily be another busy year for legalization. Every year, it’s important for employers to review drug testing policies to take new laws into consideration. Please know that A-Check Global is always here to help as you determine the course of your own employment drug testing, but in the meantime, here’s a quick look back at marijuana law activity—state by state—throughout 2021.
READ MORE

DATA PRIVACY

Questions? We’re here to help!

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A Closer Look at Salary Transparency Law for Applicants and Employees

On December 15, 2021, the New York City Council passed legislation—as part of a growing, multi-state/city effort to overcome pay disparity—amending the NYC Human Rights Law to now require that employers disclose salary ranges in job postings. This law, in effect beginning May 14, 2022, will cover all NYC employers with four or more employees, and is just the latest in a quickly growing legislation movement to promote pay transparency across job openings, position transfers, and promotion opportunities.

This wave of legislation—which began years ago with California’s 2018 Equal Pay Act—focuses on employee protection by helping ensure equal work receives equal pay. It’s an important effort, as ongoing research of pay secrecy has shown a disproportionate and negative impact on women and employees of color. What’s more, it’s a shift from an employee’s responsibility to negotiate equitable pay, to an employer’s responsibility to create an equitable culture that promotes fair pay overall.

In tandem with growing legislation prohibiting employers from qualifying job candidates by requesting salary history on applications, pay transparency laws requiring disclosure of salary ranges during the hiring process will continue to gain traction across the country.

For your reference—although it’s a snapshot of legislation as it exists today—here’s a quick look at states and cities that currently require employers to disclose salary ranges to applicants and employees.

California: Equal Pay Act
As stated above, California was the first U.S. state to prohibit employers from requiring prior salary history from applicants. California employers are also required to provide salary ranges upon request from an applicant after the initial interview.

Cincinnati, Ohio: Prohibited Salary History and Use
Effective March, 2020, this ordinance prohibits Cincinnati employers with at least 15 employees to inquire about previous salary history. Additionally, pay scale for the position offered must be provided upon applicant request after a conditional offer of employment.

Colorado: Equal Pay for Equal Work Act
Effective January, 2021, Job advertisements/listings now must include pay ranges and position benefits.

Connecticut: An Act Concerning the Disclosure of Salary Range for a Vacant Position
Effective October 1, 2021, Connecticut employers are now required to provide job applicants with salary range information—prior to an offer—for the position(s) they have applied to, or at the applicant’s request, whichever occurs first.

Maryland: Equal Pay for Equal Work
Effective October 1, 2020, this legislation requires employers to provide a wage range for a position to applicants upon request, and also restricts an employer’s ability to inquire about salary history during the hiring process.

Nevada: Equal Pay Act
Effective October 1, 2021, private employers (and certain public employers) in Nevada will no longer be able to request an applicant’s prior salary history during the application process, and will be required to provide salary/wage information for the position following an interview.

New York City: Amendment to the New York City Human Rights Law
As mentioned above, beginning May 14, 2022, the majority of public and private NYC employers will be required to disclose salary ranges within job postings.

Rhode Island: Rhode Island Equal Pay Law
Taking effect January 1, 2023, upcoming legislation will require employers to provide job applicants pay range information upon request during an interview, as well as to employees when they are moving to a new position within the company. Current employees may also ask for the salary range specific to their position.

Toledo, Ohio: Toledo Pay Equity Act
As the second Ohio city to pass pay legislation, effective June 25, 2020, employers are prohibited from asking salary history, and must provide a position’s pay scale upon a conditional offer of employment, or upon applicant request.

Washington:  Amendment to the Equal Pay and Opportunities Act
Effective July 28, 2019, a salary history ban applies to all Washington employers, regardless of size. An additional requirement to disclose salary range information to applicants requesting, or after a conditional job offer is made, applies to Washington employers with 15 or more employees.

We can pretty safely assume that as today’s employers and workers move through—and past—the COVID pandemic, legislators will be thinking not only about economic recovery, but also about further ensuring workplace equity now and into the future. We very likely have not seen the last of new law regarding salary transparency.

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Convenient, At-Home Collection Option for Your Workforce COVID-19 Testing

Although Coronavirus (COVID-19) and the ongoing impact of Delta and Omicron variants continue to impact businesses worldwide, it is very encouraging to see that employers are deeply committed to providing safe workplaces for employees returning to the office.

Here at A-Check, we continue to have near daily conversations with clients looking for trusted resources to help them transition employees back from remote work—or are including “office life” as part of a hybrid work solution.

These conversation regularly focus on implementing ongoing COVID-19 testing as a critical element of return to office efforts. Requiring employees to test negative for COVID-19 prior to an office return—or as part of an ongoing, weekly safety measure—can easily be put in place with a little help from A-Check!

We’ve mentioned it before, but it’s well worth repeating that we’re here to help by providing COVID-19 testing solutions through A-Check’s medical partner network.

COVID-19 At-Home Specimen Collection (With Lab Processing)

Through A-Check’s partnership with Quest Diagnostics, we offer an at-home swab collection option to help diagnose whether your employees currently have COVID-19.

This anterior nares (nasal) swab collection kit, which is authorized by the FDA under an Emergency Use Authorization (EUA), allows your employees to self-collect a sample to then be tested at a Quest laboratory. This test is used to screen for COVID-19.

Your employees have a convenient option to collect an upper respiratory nasal sample at home using the collection kit sent directly via express delivery at no additional charge to them. Detailed instructions on how to collect a sample are included in the collection kit. Also included in this at-home kit are a prepaid overnight shipping label and envelope that your employees can use to securely ship the sample to a Quest laboratory for COVID-19 testing.

Your employees are alerted when test results are ready (typically within 24-48 hours) and have secure access to the patient-friendly report. Additionally, your administrators can securely review and verify employee participation, status, and results online.

Who Should Get Tested?

While effective testing is essential in helping slow COVID-19 spread by identifying and isolating those with active infections, it’s also critical to make sure tests are distributed and implemented efficiently. Our lab partners encourage their testing services as an option to consider for those who:

  • Are required to perform COVID-19 testing to meet school, workforce, or travel requirements.
  • Are identified by an employer, public health department, contact investigator, or healthcare provider as someone who should get tested.
  • Have been in close contact with someone who has a confirmed case of COVID-19.
  • Live or work in a place where people reside, meet, or gather in close proximity.
  • Currently have symptoms of fever, cough, shortness of breath, and/or loss of taste or smell (typical symptoms).
  • Are trying to determine if a prior infection with COVID-19 has resolved.

We are committed to the health and safety of our valued clients.

For more information, pricing, and to place an immediate order:
Contact Us
acheckorders@acheckglobal.com
877-345-2021

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Compliance Clips for January 2022

GENERAL INFORMATION

Equal Employment Opportunity Commission Initiative
A new EEOC initiative will focus on fairness, guidance, and federal regulation compliance regarding artificial intelligence and other emerging technologies used by employers throughout the employment process. The use of AI and algorithmic tools have become more prominent as employers work to streamline hiring workflow, and the EEOC is preparing a mandate to not just provide ongoing guidance against workplace bias, but also ensure that companies using AI tools during employment decisions comply with present and future federal civil rights and antidiscrimination laws.
READ MORE

Employment Advertising in California

California employers take note: A new Department of Fair Employment and Housing initiative will focus on uncovering violations of the Fair Chance Act by using technology to identify discriminating content within employment advertising. For example, The Fair Chance Act bans general “criminal history” statements in a job advertisement such as “No Felons” or “Must Have Clean Record.” Utilizing technology to conduct mass searches of online job ads for statements violating the Fair Chance Act have already led to the identification of hundreds of violations in a single day of analysis. DFEH will continue to document violations and send notices requiring employers to remove unlawful statements.
READ MORE

Michigan Date of Birth Redaction

As previously shared, a new Michigan rule—initially scheduled to go into effect by January 1, 2022—would have begun a process of removing date of birth (DOB) from public facing court records.

This of course would have all but eliminated the ability of background screening companies to conduct background checks for Michigan businesses. At best, it would make background screening in Michigan quite cumbersome and time consuming for both Credit Reporting Agencies and their customers. Fortunately, and after months of negotiation, the Michigan Supreme Court amended its personal identifying information (PII) court rule impacting background checks—creating an “authorized user” approach for access to PII in court records.

This solution is intended to balance protection of personal identity with the need of background companies to access information within records to verify identity.  The court rule will now go into effect on April 1, 2022. We will continue to monitor developments on this issue up to April 1, 2022, and keep you updated as more information becomes available.
READ MORE

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19

Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now April 30, 2022.

UPDATE: The DHS is currently exploring the possibility of making the remote document verification option for Form I-9 permanent. This is welcome news as many trend toward permanent hybrid work solutions, and is encouraging that the government is closely following workplace trends and is willing to take a look at updating the Form I-9 process. We will keep a close eye on this and let you know as more becomes available.
READ MORE

SUBSTANCE ABUSE TESTING

Philadelphia, PA

Effective January 1, 2022, new legislation in the city of Philadelphia, PA, now prohibits employers from testing candidates for marijuana as a condition of employment. The law states that except as provided in exceptions—law enforcement, commercial driving positions, supervision of children or vulnerable individuals—it is unlawful for an employer, labor organization, or employment agency to require marijuana testing when making employment decisions. Employers should review their current drug and alcohol testing policies for compliance.
READ MORE

Montana
Recreational marijuana becomes legal in Montana beginning January 1, 2022. Employers, please note that the new bill considers marijuana a lawful product, and employment decisions cannot be made based on cannabis use during nonworking hours. Employers are encouraged to review their policies regarding marijuana and drug testing.
READ MORE

DATA PRIVACY

Nationwide

Will 2022 be the year for a national privacy law? Perhaps, or perhaps not, but there are many proposals at state and federal levels to negotiate what key issues should be part of such legislation. Of much interest is focus on congressional efforts in tandem with action at the state level, employment discrimination based on use of IA and big data, and concern in the EU with data transfer to the United States. Much more to come!
READ MORE

Questions? We’re here to help!

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From our Family to Yours, Have a Joyous Holiday and a Happy New Year!

Thank you for the opportunity to be of service this year. We value the relationships we’ve built with our clients, and we look forward to your continued business in 2022 and beyond.

Please note our upcoming hours of operation:

Thursday, December 23: Closed at 3:00 pm (PST)
Friday, December 24: Closed in observance of Christmas
Thursday, December 30: Closed at 3:00 pm (PST)
Friday, December 31: Closed in observance of New Year’s Day

With warm regards,
Your A-Check Global Family

Featured

In the Know: December 2021 Compliance Clips

CONSUMER REPORTING

PBSA Reports Positive Progress Regarding Michigan Date of Birth Redaction
As previously shared, a new Michigan rule, scheduled to go into effect by January 1, 2022, would remove date of birth (DOB) from public facing records.

The Professional Background Screening Association (PBSA)—an important, non-profit organization established to represent the interest of companies offering employment background screening services—along with many industry allies, have been actively advocating to retain the DOB within Michigan court records as a critical identifier in accurate, comprehensive background screening.

A recent PBSA Advisory reports that the Michigan Supreme Court has officially adopted a negotiated court rule on Michigan redaction on Monday, December 6th, 2021.

Key elements of the rule are:

  1. Definition of what constitutes “consent” for purposes of background screening.
  2. Outlining a registration process for Michigan members as well as requirements for proof of liability insurance. This proposed registration would need to be verified every 6 months.
  3. Moving the effective date of these new procedures from January 1, 2022, to April 1, 2022.
  4. There is a public comment period in the new rule which will close on April 1, 2022.

The adopted rule addresses complaints about the original proposed rule (ADM File No. 2020-26), which would have barred the display of DOB in court records throughout Michigan. We will continue to monitor developments on this issue up to April 1, 2022, and keep you updated as more information becomes available.

CFPB Advisory Opinion on Name Only Matching
On November 4, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion, stating that a consumer reporting agency (CRA) engaging in name-only matching violates the Fair Credit Reporting Act’s (FCRA) reasonable procedures requirement, 15 U.S.C. § 1681e(b). This opinion regarding the production of consumer reports stresses the importance of ensuring accuracy in the process. Specifically, that matching on name only very likely leads to report inaccuracies because thousands of consumers share first and last name combinations. These inaccuracies, as stated in the opinion, could also put Hispanic, Asian, and Black consumers at greater potential risk for inaccuracy due to lesser last name diversity among these populations. Here at A-Check Global, we take note of these positions and strive to maintain compliant, accurate policies that mitigate risk during the background screening process.
READ MORE

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now December 31, 2021.

UPDATE: On Monday, October 25, 2021, the DHS announced they are seeking public feedback on the possibility of making the remote document verification option for Form I-9 permanent. This is welcome news as many trend toward permanent hybrid work solutions, and is encouraging that the government is closely following workplace trends and is willing to take a look at updating the Form I-9 process. We will keep a close eye on this and let you know as more becomes available.
READ MORE

CRIMINAL HISTORY REPORTING

California’s Fair Chance Act and Job Advertising
The Fair Chance Act—known commonly as California’s Ban the Box law—restricts employers with 5 or more employees from requesting criminal conviction history from job applicants (in advertising, applications, or during a job interview) prior to a conditional employment offer.

Recently, California’s Department of Fair Employment and Housing has promoted enforcement of the Fair Chance Act by introducing tech efforts to correct violations in online job postings. Put simply, mass searches through online job listings identify prohibited statements such as those prohibiting employment to anyone with a criminal conviction history. In just one day, they found 500+ job advertisement violations!
READ MORE

University of Michigan
The University of Michigan removed questions asking applicants about criminal history from the application process. Inquiries are now part of the pre-employment background screening conducted after a contingent job offer. While answering “yes” to criminal history questions on a job application did not automatically disqualify previous applicants, the question in and of itself likely deterred qualified applicants from applying.
READ MORE

SUBSTANCE ABUSE TESTING

New York
The New York State Department of Labor recently issued guidance to address questions regarding recreational cannabis use by employees in and outside of the workplace. This guidance is intended to provide details regarding common scenarios and questions regarding adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA). In short, New York labor law states that cannabis used in accordance with New York state law is legal—and as such, employers are prohibited from discriminating against employees based on the employee’s use of cannabis outside of the workplace, outside of work hours, and without use of the employer’s equipment or property. That said, there are employer actions permitted, such as when an employee, while working, manifests specific symptoms that impair performance or interfere with workplace safety. Time for employers to review policies and practices to ensure compliance.
READ MORE

DATA PRIVACY

Nationwide
As more U.S. states—and even the federal government—consider privacy law, notable trends may continue to influence legislation: concern for targeted advertising, further definition for sensitive information, even how GDPR can continue as a key model for lawmaking. Recently, U.S. Representatives have submitted the “Control Our Data Act” privacy bill, which looks to have provisions very much like GDPR—required notice, consumer right to delete information, retention limits, information security measures, and more.
READ MORE

Questions? We’re here to help!

Featured

A-Check Global update: Serving our clients through the pandemic, worldwide labor shortages, and more.

While ongoing, challenges due to COVID-19, natural disasters, and workplace staffing issues make this a difficult time for many companies to perform at full capacity, we wanted to provide a quick update regarding A-Check efforts to further improve client support and background screen turnaround time.

As we slowly transition out of the pandemic, our valued clients have continued to hire, and as your screening partner, A-Check has remained committed to ensuring your needs are met. Our primary goal is to serve you to the best of our ability, and we humbly acknowledge that A-Check has experienced delays in processing time. That said, we are working daily to overcome these issues, and we truly appreciate the continued trust you have put in our partnership now and in the future.

Drug Testing

A-Check is working closely with our nationwide laboratory partners to further improve client support:

  • Additional software technology has enhanced our connection with labs, and is now greatly accelerating the turnaround and file closure time for “negative” drug testing results.
  • Lab updates within applicant files on A-Check Direct (ACD) now provide far greater transparency to both A-Check and clients—including collection status, specimen in transit, specimen in process, and more.
  • And coming soon—A-Check is implementing the ability within ACD for clients to self-schedule applicant drug testing (and appointment extensions) within seconds.

While our partner laboratories and specimen collection centers are operational, delays can occur in large part due to a significant increase in both new testing requests (as a result of new hiring) and applicant appointment rescheduling. And, due to high volume, labs are experiencing temporary processing delays of up to a week or more when performing follow-up specimen testing. For negative testing results, normal turnaround time remains 24-48 hours.

To combat these issues, labs are currently hiring and training lab employees for additional processing shifts. Likewise, investments in testing technology is allowing for increased specimen processing volume and should help improve overall turnaround time.

Verification

Due to ongoing, global school and company closures, A-Check continues to experience a heavy backlog of verification requests.

Please keep in mind that while we may be emerging slowly from the pandemic, the impact is still very real. Schools are not fully re-opened, and as a result, third party online services for education are delayed because they are dependent on school support.

Many employers are still remote, understaffed, or even worse, have sadly closed forever. In many cases, verification now often includes reaching out for documentation or additional research.

Criminal Records

A-Check is working with a number of partner vendors to further streamline our processing and client support:

  • We are further automating database searches to not only accommodate the current increase in client requests, but also significantly reduce turnaround and file closure time for record searches.
  • We are updating vendor integrations to take advantage of process efficiencies and advancements in data security.

Please keep in mind, A-Check Global continues to focus on and participate in continued efforts surrounding new Michigan and California legislation removing the date of birth (DOB) from public facing court records. This legislation has already begun to hinder the background screening industry’s ability to serve, and we predict that it will be some time yet before viable solutions are in place.

In spite of research challenges we face in Michigan and counties within California, we will continue to serve our valued clients to the best of our ability.

A-Check and Labor Shortages

Hiring and retaining top talent is always a priority at A-Check. While our goal is to implement technology and process efficiency to meet your needs, it’s equally important that we are here to answer your calls with personal service.

  • We are expanding our recruiter footprint beyond California to other U.S. states for administration, infrastructure, and client support positions.
  • Our recruiters are connecting with organizations like military groups and others to attract top talent. We are also working to promote A-Check to those who are skilled but underemployed in our communities.
  • Attractive referral programs (friends and family) are available to our employees.
  • Our staffing efforts are concentrated on employee engagement, efficiencies in onboarding, and increased mentoring during the first 90 days to improve overall employee retention.
  • And last but not least, we are focused on enhancing process automation and further integrating with our many data providers.

That said, even with delays we might experience, A-Check is here to help your business succeed. Please don’t hesitate to reach out if you have any questions.

Featured

In the Know: November 2021 Compliance Clips

I-9 Compliance

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have been extending the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now December 31, 2021.

UPDATE: On Monday, October 25, 2021, the DHS announced they are seeking public feedback on the possibility of making the remote document verification option for Form I-9 permanent. This is welcome news as many trend toward permanent hybrid work solutions, and is encouraging that the government is closely following workplace trends and is willing to take a look at updating the Form I-9 process. We will keep a close eye on this and let you know as more becomes available.
READ MORE

Substance Abuse Testing

Pennsylvania
Pennsylvania lawmakers are joining forces to assemble bipartisan legislation proposals for marijuana legalization. In a legislation memo, it was stated that, “Enforcing and continuing to enforce drug laws prohibiting possession of small amounts of cannabis, we are clogging our court dockets, overcrowding our prisons, and holding down individuals and communities in most need of support, opportunity, and investment.”
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

Criminal History Reporting

Orange County, Florida
Beginning October 2021, job applicants with Orange County, Florida government are no longer asked on initial job applications if they have criminal convictions or criminal history. Officials hope this change will provide greater employment access for those with a criminal record and provide opportunity for residents in underrepresented communities.
READ MORE

Data Privacy

Nationwide
As more U.S. states consider privacy laws, notable trends may continue to influence legislation: concern for targeted advertising, further definition for sensitive information, even how GDPR can continue as a key model for lawmaking. The recently passed privacy laws in California, Colorado, and Virginia differ significantly, notable trends from these privacy laws are likely to influence legislation in other states.
READ MORE

Featured

Ban the Box: 20+ Years of Fair Chance Legislation

It all began more than 20 years ago, when Hawaii became the first state to officially pass Ban the Box legislation—law designed to provide those with criminal history a better chance of earning employment without having their misdeeds prevent access to job opportunities.

From its humble beginning as a grassroots, civil rights movement borne of All of Us or None, evolving legislation to provide applicants with fair chance quickly gained momentum nationwide. As law is generally applied today, Ban the Box prohibits certain employers from making criminal history inquiries until a later point during the application and employment process. Ban the Box laws typically:

  • Restricts employer inquiries prior to an applicant’s job interview or even a conditional offer of employment
  • Sets guidelines for how far in the past criminal history may be requested
  • Prevents job position ads from excluding applicants with criminal history

Legislation Today

20+ years later, this growing legal trend to lower barriers faced by job applicants with criminal records has progressed past the removal of an application’s “box,” to now include additional procedures designed to force employers to look past an applicant’s criminal history when making a hiring decision.  Additional requirements are unique to jurisdictional law, but most share a common theme:

  • Remove the check box from the application
  • Wait until further along in the hiring process to ask an applicant if they have a criminal history (this includes requesting a background check), for example, post interview or post offer
  • When making an adverse decision based on an applicant’s past criminal record, provide the applicant with specific details on what part of their background check caused the adverse decision, the business necessity for the decision, and in some cases, your company’s policy regarding the hiring of applicants with a criminal history

37 states, the District of Columbia, and over 150 cities and counties have adopted Ban the Box

With representation across nearly every portion of the country, 37 states now include guidelines for public-sector employment. These states include:

Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, and Wisconsin.

Further, extending fair chance law beyond government employment to private-sector employment helps ensure applicants with criminal records have a fair chance at employment across the majority of jobs. To date, fifteen states and 22 cities and counties have passed legislation to remove criminal history questions from job applications for private employers. States include:

California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

Putting this all into perspective, it means that more than 267 million people—that’s more than four-fifths of the U.S. population—now lives in a jurisdiction with some form of fair chance law or policy.

Ban the Box and Your Employment Background Screening Program

Now, keep in mind that this evolving legislation regarding fair chance hiring does not prohibit your organization from performing criminal checks as part of your employment risk mitigation. It simply means that criminal history inquiries must be delayed until further in the hiring workflow. And, in addition to removing the “box” from employment applications, employers may be required to ask about criminal history either after an interview is completed, or after a conditional offer has been made.

As an HR professional, there’s a lot to consider (or continue to consider) as you navigate applicable Ban the Box legislation:

  • Audit your workflow. That will mean meeting regularly with your legal counsel to ensure your employment applications, related forms, and your overall hiring program is compliant.
  • While you’re at it, keep your legal counsel on speed-dial to ensure you’re updated with changes in legislation and fair chance policy. If you live in a state that isn’t impacted by Ban the Box law, it may not always be the case.
  • Take a look at job roles in your organization to further define where certain criminal history would pose increased risk among certain positions or your workplace as a whole. Likewise, there may be minimal risk opportunity within areas of your organization to extend employment to ex-offenders. This may be a good time to audit position definitions.
  • And finally, make sure you’re partnered with an employment background screening company (like A-Check Global) with updated compliance resources to help you navigate fair chance legislation and assist you in extending equal hiring practices to your applicants.

Please keep in mind that this Blog article is general in nature, and not all-inclusive in listing jurisdictions with Ban the Box law. Here is a complete listing of U.S. Cities, Counties, and States Adopting Fair-Chance Policies.

Please also note that A-Check provides a monthly compliance newsletter to keep you in the know with Ban the Box and other legislation updates, and we’d welcome the opportunity to add you to the mailing list. Simply email us at marketing@acheckglobal.com and let us know you’d like our compliance updates.

And, as always, we welcome your questions about this or any aspect of your background screening program. Please feel free to contact us.

Featured

PBSA Testifies in Michigan Hearing on Date of Birth Redaction

A-Check Global continues to focus on and participate in continued efforts surrounding new Michigan legislation removing the date of birth (DOB) from public facing court records. As previously shared, this new rule is scheduled to go into effect by January 1, 2022. However, some courts have already been implementing DOB redactions as earlier adopters of the rule.

The Professional Background Screening Association (PBSA)—an important, non-profit organization established to represent the interest of companies offering employment background screening services—has been actively advocating to retain the DOB within Michigan court records as a critical identifier in accurate, comprehensive background screening.

On Wednesday, October 13, the Michigan House Judiciary Committee held a hearing regarding Michigan House Bill 5368 (Requirement for date of birth to be included in publicly accessible “personal identifying information” in court proceedings.) In this hearing, PBSA past chair Bon Idziak testified on behalf of PBSA as part of persistent efforts to ensure access to date of birth information in public records in Michigan. Others testifying included Lucia Bone on behalf of the Sue Weaver CAUSE, Jay Harris on behalf of CDIA, as well as several other proponents of the legislation.

PBSA will continue to pursue all available options to address current and upcoming redaction in both Michigan and California. A-Check will continue to provide information and requests for assistance as it becomes available. As you might imagine, these efforts are significant, and will require continued engagement.

Please also note that A-Check has not changed our standard processes for criminal record searches. Prior to presenting permissible results to our clients, we still require 3 identifiers to authenticate the identity of search information. In spite of research challenges we face in Michigan and counties within California, we will continue to serve our valued clients to the best of our ability.

We’re here to help answer any questions you may have.

Featured

In the Know: October 2021 Compliance Updates

Consumer Reporting

District Court’s FCRA Decision:
Employer Guidance for “Clear and Conspicuous” Disclosure
As you know, before an employer pulls a consumer report for employment background screening purposes, the FCRA requires that the employer provides the applicant with a “clear and conspicuous” disclosure that the employer may obtain this report.

Furthermore, the disclosure document must consist solely of the disclosure. A recent Ninth Circuit Court ruling detailed that even with good will and intention, this disclosure must not include extraneous information—even if the employer believes that information is related to the disclosure.

The court did hold that disclosure may also include some concise explanation of what a consumer report is, how it will be obtained, and the type of employment purposes for which it may be used. However, additional information regarding consumer rights under federal and state law—additional information added in this instance by the employer to the disclosure—was extraneous. This case illustrates just how important strict compliance with the FCRA’s standalone requirement really is.
READ MORE

California and Michigan Date of Birth Redaction
As we’ve mentioned, efforts in Michigan and a number of California counties to redact date of birth from court cases reported via public indexes make timely employment background screening extremely challenging.

For California: 
A California Court of Appeal decision has unfortunately resulted in CA Courts restricting or limiting in-person research requests, and limiting PII provided for potential record matches. These efforts are being implemented with little notice, and as you can imagine, are having a profound impact in the ability for consumer reporting agencies to efficiently report criminal history.

For Michigan: 
Court rules in Michigan that limit PII provided to researchers are in effect. However, implementation has been delayed until January 2022.

A-Check Global, along with other CRAs, are very involved in working toward any and all potential opportunities for resolution. That said, answers may not be available in the near future. The Professional Background Screening Association (PBSA) Government Relations Date-of-Birth Redaction Task Force is also focused on resolution efforts, and they invite employers to learn about how to support the path toward solutions.
READ MORE

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 Compliance

Ongoing Extension: Form I-9 Requirements in response to COVID-19

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now December 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Substance Abuse Testing

Rhode Island
Could Rhode Island be next? Lawmakers say they are very close to reaching a deal on a marijuana legalization bill that could be taken up during a special session this fall. A-Check will keep an eye out and let you know.
READ MORE

Connecticut
The Connecticut Governor signed Senate Bill 1201—effective in 2022—making CT the 19th state to legalize recreational marijuana for adults 21 years and older, but will allow employers to continue implementing drug-free employment policies. This new law will require expungement of certain existing marijuana convictions, but also creates employment protections for recreational marijuana users. That said, employers are permitted to continue prohibiting employees from engaging in the recreational use of marijuana, subject to certain statutory requirements.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team. 

Criminal History Reporting

Maine
Governor Mills signed into law LD 1167, “An Act Relating to Fair Chance in Employment.” With this new Legislation, Maine joins a growing number of states in adopting a “ban-the-box” law that restricts employers’ ability to ask job applicants about their criminal history. While there are exceptions, new law prohibits employers from requesting criminal history information on applications or stating that a person with a criminal history may not apply or will not be considered for a position. Employers are also prohibited from stating—prior to determining a person’s qualifications—that candidates with criminal history will not be considered. This new law goes into effect on October 18, 2021, and employers who do not comply with the new law are subject to a penalty of $100-$500 per violation.
READ MORE

Data Privacy

Ohio
California, Colorado, and Virginia have passed comprehensive consumer data privacy laws. Additional legislation was recently introduced that, if passed, would create the Ohio Personal Privacy Act. By introducing the Act, Ohio follows the growing trend toward stronger state privacy laws related to consumer rights. The Act primarily applies to businesses in Ohio or businesses that collect data about consumers in Ohio, and among other guidelines, dictates that businesses must provide a “reasonably accessible, clear, and conspicuously posted privacy policy” to inform consumers about the data collected.
READ MORE

Questions? We’re here to help!

Featured

UPDATE: Court of Appeal Ruling will Continue Delays for CA Criminal Background Checks

As you likely know, courts across a number of California counties are now redacting date of birth from court cases reported via public indexes (online and public access terminals). Additionally—as we are now seeing in Los Angeles County—court clerks are facing restrictions against providing assistance to verify full dates of birth during criminal record checks. This negatively impacts a court researcher’s ability to quickly and accurately verify name/case matches—resulting in A-Check clients experiencing significant delays in county court searches throughout the state of California.

So, why the delay? In May, 2021, a case decision in All of Us or None vs. Hamrick provided direction for the removal of critical personal information—date of birth and/or driver license number—from public facing criminal court records. This case alleged that Riverside County allowed users of the Riverside Superior Court’s public website to search for criminal records by inputting a defendant’s date of birth, directly compromising the privacy of those involved in criminal proceedings. While this lawsuit was brought only against the Riverside Superior Court, it ultimately impacted most California state courts.

In September 2021, the California Supreme Court denied review in the matter, allowing—for now—the continuation of this information redaction. This denial by the California Supreme Court means that criminal record checks in California will continue to become more difficult, and in some cases impossible.

At A-Check Global, we know and understand this is extremely challenging for our valued clients. We will continue to work toward any and all potential opportunities for resolution—while also having full awareness that a solution may not be available in the near future. Furthermore, we anticipate that while this is limited to a select number of California counties, it is likely additional counties will adopt similar action.

We will continue to serve our clients by taking all possible steps to accurately match candidates to criminal records. For now, files with a possible match (as a combination of name and year or month/year of birth) will be noted with an extended turnaround time (TAT) and A-Check will continue to serve you to the best of our ability.

Additionally, there is activity within the background screening industry to find a viable solution to this situation. The Professional Background Screening Association (PBSA) Government Relations Date-of-Birth Redaction Task Force is currently executing two potential alternative paths to resolution:

  1. Work with the California Judicial Council to modify the rule.
  2. Create a legislative campaign to introduce statutory changes that requires the Judicial Council to modify the rule.

We’re here to help answer any questions you may have. Please don’t hesitate to contact us.

Featured

Compliance Clips for September 2021

Checklist of FCRA Requirements
We’ve included this information before, but it’s worth a repeat visit. When an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a short checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check.
  • If adverse action is taken upon final decision, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 COMPLIANCE

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now December 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

SUBSTANCE ABUSE TESTING

Connecticut
The Connecticut Governor signed Senate Bill 1201—effective in 2022—making CT the 19th state to legalize recreational marijuana for adults 21 years and older, but will allow employers to continue implementing drug-free employment policies. This new law will require expungement of certain existing marijuana convictions, but also creates employment protections for recreational marijuana users. That said, employers are permitted to continue prohibiting employees from engaging in the recreational use of marijuana, subject to certain statutory requirements.
READ MORE

California
A U.S. District Court in California held that an employer can condition an offer of employment on passing pre-employment drug screening, including a test for marijuana. In this case, a new employee was terminated for a positive marijuana test. The judge ruled that the employee failed to establish he suffered from a disability given the lack of detail or documentation submitted to the employer—and the employer had established a legitimate, nondiscriminatory reason for the employee’s termination.
READ MORE

New Jersey
New Jersey’s Cannabis Regulatory Commission released regulations on August 19, governing recreational cannabis use. However, these rules do not yet include standards for employers prior to conducting marijuana drug testing. Marijuana was legalized for recreational purposes in New Jersey in February 2021, including certain protections with regard to off-duty use by employees. Legislation now imposes a new requirement that work-related marijuana testing include a physical examination conducted by an expert—a Workplace Impairment Recognition Expert (“WIRE”)—trained to recognize drug impairment. That said, the Commission did not indicate how long it will take to develop the certification standards or when employers can expect regulations addressing marijuana testing.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

CRIMINAL HISTORY REPORTING

Louisiana
Effective August 1, 2021, Act No. 406 impacts employers conducting background screening prior to a job offer by prohibiting the request or consideration of an arrest record or charge that did not result in a conviction when a background check reveals that information. This legislation also requires employers to individually assess a candidate’s criminal history and determine if the outcome is directly or adversely related to specific duties of potential employment.
READ MORE

Maine
Taking effect October 18, 2021, Maine joins the growing number of states with new Ban the Box legislation to prohibit employers from requesting criminal history information on initial employment applications. While there are exceptions, new law prohibits employers from requesting criminal history information on applications or stating that a person with a criminal history may not apply or will not be considered for a position. Employers are also prohibited from stating—prior to determining a person’s qualifications—that candidates with criminal history will not be considered.
READ MORE

Questions? We’re here to help!

Featured

Compliance Clips for August 2021

CONSUMER REPORTING

FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now August 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

CRIMINAL HISTORY REPORTING

Louisiana
Effective August 1, 2021, Act No. 406 impacts employers conducting background screening prior to a job offer by prohibiting the request or consideration of an arrest record or charge that did not result in a conviction when a background check reveals that information. This legislation also requires employers to individually assess a candidate’s criminal history and determine if the outcome is directly or adversely related to specific duties of potential employment.
READ MORE

Criminal Record Screening Policy Review
Now more than ever before, it’s important for employers to review their criminal record screening policies. It’s a balance between compliance with evolving laws, and risk mitigation in hiring practices. Class action plaintiffs’ attorneys have had some high-profile success negotiating settlements, and Ban the Box legislation continues momentum in a growing number of states. Now, when it comes to litigation against background screening efforts, courts can hold that employers are required to prove their criminal record screening policies are not just appropriate as a business necessity, but also prove that these policies accurately distinguish between applicants that do and do not pose an unacceptable level of risk. While we are here to answer any questions you may have, we also strongly recommend you have legal counsel available to guide your screening program decisions.
READ MORE

New York City
Effective July 29, 2021, New York City’s Fair Chance Act expands the scope of protection for applicants and employees with criminal histories. The FCA prohibits employers from denying employment based on an arrest or criminal accusation by expanding protection to prohibit any inquiry in writing or otherwise about a candidate’s arrest or criminal accusation. These amendments also offer additional candidate protection by expanding the list of information that employers are prohibited from considering, adding additional processes employers must take when presented with certain criminal information, and further clarifying other employer obligations under the Fair Chance Process. Here’s a great read on these amendments.
READ MORE

SUBSTANCE ABUSE TESTING

Connecticut
The Connecticut Governor signed Senate Bill 1201—effective in 2022—making CT the 19th state to legalize recreational marijuana for adults 21 years and older, but will allow employers to continue implementing drug-free employment policies.  This new law will require expungement of certain existing marijuana convictions, but also creates employment protections for recreational marijuana users. That said, employers are permitted to continue prohibiting employees from engaging in the recreational use of marijuana, subject to certain statutory requirements.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us.

DATA PRIVACY

Colorado
Colorado is the second state this year to pass a law making it easier for consumers to protect personal data online. Colorado’s Privacy Act follows Virginia’s Consumer Data Protection Act (VCDPA) and California’s Consumer Privacy Act (CCPA). Among other things, Colorado’s legislation gives consumers the right to opt-out of targeted advertising and the sale of personal data. It also gives consumers the right to access, correct, and delete personal data collected, provides the right to obtain a copy of personal data in a portable format. Additionally, Colorado’s Act requires that consumers have the ability to opt-out via a universal channel that meets established technical specifications.
READ MORE

Questions? We’re here to help!

Featured

Client Update: Some CA Counties Removing Date of Birth from Public Court Case Indexes

Los Angeles County UPDATE: July 26, 2021 (see below)

A-Check is following recent news that a number of California counties are removing (or have already removed) the DOB from public court case indexes, in response to a legal decision against the Riverside Superior Court where the judge ruled that court records are improperly maintained.

As a result, public facing court research within impacted counties is “name match only,” “name and YOB only” and in some counties the public access option has been removed altogether, forcing researchers to rely on clerks for searches which could previously be performed online.  Consumer Reporting Agencies like A-Check are required to perform additional research to further confirm and validate cases. As you might guess, this causes increased or indefinite delay in completing criminal record searches because A-Check requires 3 identifiers to authenticate the identity of search information.

In light of these developments—and as additional counties may begin to follow this direction—A-Check will work closely with courts as we continue to serve all clients to the best of our ability.

IMPACTED COUNTIES

Fresno
, Kern – Search conducted by name only. All name matches require clerk assistance, and delays expected (and noted within candidate files) for search results.

Riverside – Search conducted by name only. All name matches require clerk assistance, and delays expected (and noted within candidate files) for search results.

Ventura – Ability to search by name online has been altogether removed from the online index. This county is now fully clerk assisted, and researchers are currently restricted from courts. We are reaching out daily to determine how they intend to assist with the data, and delays are noted within candidate files for search results.

ADDITIONAL IMPACTED COUNTIES (Now or in the near future)

Santa Clara
Tulare
Yuba
San Bernardino

UPDATE:

The Los Angeles Public Access site now restricts research filtering by name and year of birth only. A-Check researchers will need to verify DOB first to confirm a full name/DOB birth match before requesting court documents. As you might imagine, clerks already have severe COVID-19 restrictions regarding public contact. They will now be managing DOB verification requests in additional to existing workloads. Files with a possible match will be noted with an extended TAT and A-Check will continue to adjust as we refine our process with clerks in this high-volume county.

If you have any questions about this information, please don’t hesitate to contact us. We’re here and always happy to help.

Featured

Compliance Clips for July 2021

I-9 COMPLIANCE

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is closed or taking other precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now August 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

SUBSTANCE ABUSE TESTING

Alabama
Governor Kay Ivey recently signed Alabama’s medical marijuana law, making Alabama the 37th state to legalize marijuana for medical purposes. That said, employers are still permitted to establish drug testing and drug-free workplace policies. This new law identifies qualifying medical conditions, including but not limited to autism spectrum disorder (ASD); cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain; Crohn’s disease; depression; epilepsy or a condition causing seizures; and HIV/AIDS-related nausea or weight loss. With recently granted access to medical marijuana, this law will not impose new obligations on employers.
READ MORE

Montana
Montana has legalized marijuana for recreational use, and employers will be prohibited from taking adverse action against employees for lawful use of marijuana outside of work. New law amends the Montana definition of “lawful products” to now include marijuana. That said, employers can continue drug-free workplace policies.
READ MORE

Philadelphia
The city of Philadelphia recently passed an ordinance prohibiting employers from requiring candidates to submit to pre-employment marijuana testing as a condition of employment, effective January 1, 2022. However, this ordinance does not prohibit pre-employment testing of certain types of employees, including police and other law enforcement positions, any position requiring a commercial driver’s license, and any position that requires the supervision or care of children, medical patients, disabled people, and other vulnerable persons.
READ MORE

SALARY DISCLOSURE

Connecticut
On June 7, Connecticut’s Governor signed House Bill Number 6380, requiring employers to disclose to applicants and employees the salary ranges for positions. This law also expands prohibition of gender-based pay discrimination. Under this new law, employers are prohibited from failing or refusing to provide the wage range for a position upon an applicant’s request, or for an employee’s position upon the employee’s request. Employers are recommended to consider implementing policies and practices to comply with the new law by its October 1, 2021 effective date.
READ MORE

DATA PRIVACY

Colorado
Colorado has become the third state in the country to pass a comprehensive data privacy law, joining California and Virginia. The Colorado Privacy Act (CPA) will be effective on July 1, 2023. Similar in nature to California and Virginia privacy laws, the CPA provides extended privacy rights to Colorado consumers: (1) the right to opt out of certain processing of personal data; (2) the right to access personal data; (3) the right to correct inaccurate personal data; (4) the right to delete personal data; and (5) the right to data portability. And, it imposes greater duties on the controllers and processors of those organizations collecting personal data.
READ MORE

Pennsylvania
Pennsylvania introduced HB-1126, the Consumer Data Privacy Act (CDPA), creating duty for businesses to implement and maintain reasonable security procedures and practices surrounding the protection of consumer information. And, under the CDPA’s private right of action, consumers may obtain statutory damages of not less than $100 but not more than $750 per consumer per incident, actual damages, and injunctive or declaratory relief.
READ MORE

Questions? We’re here to help!

Featured

UPDATE: Michigan Supreme Court Issues Order to Delay PII Redaction Rule

A-Check Global has been keeping a close eye on recent Michigan legislation that proposed removing the date of birth (DOB) and other certain identifiers—Social Security and Driver’s License Numbers, for example—from court records. Initially, Michigan was moving forward with a July 1, 2021 effective date for this rule. However, today the Michigan Supreme Court issued an order that delays implementation of this rule, and the implementation date has been changed from July 1, 2021 until January 1, 2022.

How would PII redaction impact A-Check criminal record searches in Michigan?

A-Check has not changed our standard processes for criminal record searches. Prior to presenting permissible results to our clients, we still require 3 identifiers to authenticate the identity of search information. If and when Michigan implements a redaction rule, A-Check will continue to serve our clients to the best of our ability.

We’re here to help answer any questions you may have.

Featured

In 2020, Marijuana Drug Testing Positivity Continued to Increase Among U.S. Workers

Quest Diagnostics—A-Check’s drug screening partner and a leading provider of diagnostic services—released their 2020 Drug Testing Index. It is thought to be the first large-scale national analysis of U.S. workforce drug testing during the COVID-19 pandemic, and includes findings from more than 9 million drug tests performed throughout 2020.

In general, the reported positivity for most drug categories—with the exception of marijuana—remained fairly flat, or somewhat declined, in the combined U.S. workforce. Overall, it was down slightly in 2020 (at 4.4%) compared to 2019 (4.5%). Throughout the safety-sensitive, federally mandated U.S. workforce (based on more than 2 million drug tests), positive drug test results declined from 2.4% in 2019 to 2.2% in 2020.

While COVID-19 altered the workforce landscape last year, the increasing positivity trend in marijuana testing continued, in part due to state-by-state legislation regarding adult medical or recreational use legalization. In the U.S. general workforce, marijuana positivity increased in urine testing (3.1% in 2019 versus 3.6% in 2020), in oral fluid testing (9.1% in 2019 versus 12.3% in 2020) and in hair testing (7.1% in 2019 versus 8.7% in 2020). Worth noting, especially as many companies are now initiating plans to return employees to the office. It’s important for employers to continue considering workforce drug testing as a key effort in maintaining workplace and employee safety.

Here are just a few findings from Quest:

  • While positivity is down for most drug categories, it increased very slightly for ecstasy—an increase from 0.008% in 2019 to 0.010% in 2020. Still, this represents a very low positivity number of 1 in every 10,000 tests overall.
  • Positivity rates declined in federally mandated, safety-sensitive workforce testing categories. Cocaine declined to 0.25% positivity in 2019 versus 0.20% in 2020. Opiates represent a similar positivity decline from 0.26% in 2019 to 0.21% in 2020. In this category, positivity for marijuana did decline very slightly (0.88% in 2019 versus 0.79% in 2020).
  • Marijuana continued increases in the general U.S. workforce, with lower positivity rates in states with only medical marijuana use or no form of legalized marijuana use versus states with legalized recreational statutes.
  • The marijuana positivity rate of post-accident test results grew faster than the rate for pre-employment testing. In 2012 (when the first state legalized marijuana), Pre-employment marijuana positivity was 1.9% and post-accident positivity as 2.4%. Fast forward to 2020, pre-employment marijuana positivity reached 3.7% while post-accident positivity surged to 6.4%.
  • Cocaine positivity was the lowest since 2012 in the general U.S. workforce, falling to 0.22% in 2020 versus 0.27% in 2019.
  • Workforce positivity increased significantly in multiple industries with the Retail Trade sector continuing to top the list. For example, the Accommodations and Food Service category had the highest workforce positivity for marijuana at 6.3%.
  • More Quest insight can be found online within their 2020 Drug Testing Index.

Let’s work together for the continued safety of your workplace

Based on the potential for drug abuse due to ongoing COVID uncertainty, as well as personal and professional life stress, it stands to reason that you continue your company’s focus on workplace safety, as well as all employee health concerns.

Whether you are maintaining a remote workforce well into the future, have begun bringing employees back into the office, or are implementing a business plan that builds on a hybrid workforce (as so many now are choosing to do), screening your employees for substance abuse can greatly help ensure you’re doing all you can to promote a safe workplace and healthy, productive team members.

We welcome the opportunity to discuss your options, what you currently might have in place, or to help you build an effective, compliant drug screening program for your company. We’re here to help, and as always, truly appreciate your call and your business.

Featured

Compliance Clips for June 2021

CONSUMER REPORTING

Fair Credit Reporting Act – Permissible Purpose
We always like to pass along good articles we find as reminders of the Fair Credit Reporting Act and requirements regarding how your FCRA Policy should reflect permissible purpose for obtaining and using a candidate’s personal information. This quick read is a good refresher on obtaining consumer report information, subject to the following permissible purposes:

  • in accordance with a consumer’s written instructions
  • for employment purposes
  • for underwriting insurance
  • in connection with the extension of credit to, or the review or collection of an account of, the consumer
  • for a legitimate business purpose in connection with a transaction initiated by a consumer
  • for making pre-screened firm offers of credit or insurance

READ MORE

And Even More about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check.
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now August 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

BAN THE BOX

Arizona
While Arizona won’t allow job and occupational license seekers to receive expungement of convictions from record, a new law does allow certain convictions to be set aside through a Certificate of Second Chance. The Arizona Governor signed House Bill 2067 into law, which will take effect August 27, 2021, benefiting ex-offenders by allowing them to seek to set aside certain felony and misdemeanor convictions specifically to increase greater employment and housing opportunities. Crimes excluded from being set aside include but are not limited to: 1) driving on a suspended license; 2) criminal speeding, felony flight, aggressive driving, and hit and run; 3) convictions involving a deadly weapon, or convictions involving infliction of serious physical injury; 4) convictions requiring the individual to register as a sexual offender or for offender monitoring; 5) sexual motivation convictions; and 6) convictions involving victims under age 15.
READ MORE

SUBSTANCE ABUSE TESTING

Alabama
On May 17, the Governor signed Alabama’s medical marijuana law, making Alabama the 37th state to legalize marijuana for medical purposes. Alabama employers are still permitted to establish drug testing, drug-free workplace policies. The law identifies specific qualifying medical conditions, including but not limited to autism spectrum disorder (ASD); cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain; Crohn’s disease; depression; epilepsy or a condition causing seizures; and HIV/AIDS-related nausea or weight loss. While the law grants access to medical marijuana, it will not impose new obligations on employers.
READ MORE

Quest Diagnostics 2020 Drug Testing Index
With 9 million+ drug tests in 2020, Quest Diagnostics releases its latest Drug Testing Index, with insight across a range of drugs and workplace industries. Marijuana testing continues positivity increases in the general U.S. workforce. Some additional key findings from the latest Drug Testing Index include:

  • Positivity down or flat for most drug categories, but increased for ecstasy
  • Positivity rates declined in federally mandated, safety-sensitive workforce testing categories
  • Marijuana continued double-digit year-over-year increases in the general U.S. workforce, with lower positivity rates in states with only medical marijuana use or no form of legalized marijuana use versus states with legalized recreational statutes
  • The marijuana positivity rate of post-accident test results grew faster than the rate for pre-employment testing
  • Cocaine positivity lowest since 2012 in the general U.S. workforce
  • Workforce positivity increased significantly in multiple industries with the Retail Trade sector continuing to top the list
    READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

Questions?
We’re here to help!

Featured

The Name Game: FAQs about AKAs

Among the many critical elements of a comprehensive background check is the determination of different names an applicant has used in the past. Because background screening relies on database research—and the single largest criteria used during a search is name—it’s critical to establish an Also Known As (AKA) history for each applicant.

An AKA can typically be a result of marriage, but an individual may also choose to change their name altogether, or might use a shortened version of their legal name. We often get questions about candidate AKAs and how these names are processed at A-Check during a background screen, and wanted to take just a few moments to share some of those with you in this entry.

How does A-Check Global locate AKA’s?
The Three Credit Bureaus are typical sources of information used to discover existence of an applicant’s AKAs. A credit report or credit report header—known as an ID Report or Social Security Trace—provide additional AKAs that an individual may have used in their past. As a side note, querying this Credit Bureau information has no impact on a person’s credit score.

Why are AKAs important to A-Check’s background screening process?
An AKA can be utilized to locate information that might not ordinarily be located using conventional name searches, for example:
A college degree obtained under a maiden name
A criminal record filed under a secondary or maiden name
A Driver’s License issued prior to marriage
A record of employment indexed under the applicant’s maiden name

Is there a difference between an AKA and a Nickname?
A-Check does not add obvious nicknames during a background screen, although some applications might provide a place for the applicant to list nicknames—a term of endearment for example—that is not relevant in the background check process:
Legal Name: Diana Prince
AKA: Di Prince (will be added as part of the process)
Nickname: Wonder Woman (will not be added as part of the process)

How are hyphenated/double names processed?
If an applicant submits a hyphenated or double last name, A-Check will create an AKA utilizing the legal first name in combination with each of the last names to create two additional names. The last name will also be searched without the hyphen or space as a single name in conjunction with the legal first name. This process is not applied to hyphenated/double first names.

What are examples of non-AKAs A-Check might find?
A-Check reviews the original name and compares it to any AKAs that might be listed. We utilize the following guidelines to determine if names provided by the Credit Bureau are not applicable—and need not be processed:
Obvious Typographical errors
Suffixes/Prefixes
Variations of middle names or middle initials
Any initial replacing a first or last name
Opposite Gender names

Questions? We’re always here to help.

Featured

Compliance Clips for May 2021

Consumer Reporting

Missouri
If an applicant lacks concrete injury based on technical violation of FCRA employment purposes, is that grounds to sue? There is disagreement among courts, but time may bring consensus whether technical violation constitutes applicant injury. In this particular case, the plaintiff sued, claiming that he was not provided with the FCRA Summary of Rights, and was not permitted to review the report to address any information in it before his offer of employment was withdrawn. He did not, however, claim that any information in the report was inaccurate, or that his review would have resulted in him obtaining employment. The court determined that the plaintiff had standing to bring suit for this procedural violation of the FCRA.
READ MORE

New York
Let’s help keep your employment program compliant. Class action suits are ever present, as this gig employer is hit with lawsuit alleging unlawful use of criminal history to discriminate against New York City drivers. FCRA and its state equivalents impose requirements on employers using consumer reports for employment purposes, including providing notice to individuals before taking adverse action based on a consumer report. This lawsuit alleges the employer failed to comply with these requirements.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. 
The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now MAY 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Florida
Florida Employers: A 2021 reminder worth mentioning. Public employers, contractors and subcontractors in the state of Florida are now required to enroll in and use the E-Verify system to verify identity and eligibility of all new employees. Private employers are not required to use the E-Verify system unless they have a contract with a public employer or they apply for taxpayer-funded incentives through the state Department of Economic Opportunity. They must, however, still complete and maintain I-9 Employment Eligibility Verification forms for the duration of employment, and for at least one year from the date the employee is terminated or three years from hire, whichever is later under the federal Immigration Reform and Control Act of 1986. 
READ MORE

BAN THE BOX

Illinois
Illinois recently enacted SB 1480 (The Employee Background Fairness Act) which significantly expands Ban the Box law to restrict private employers from using a conviction record to refuse to hire, deny promotion, or take adverse action. Along with a clear definition of adverse action an employer must take prior to an employment decision, an employer may only consider an applicant or employee’s criminal convictions record if either the employment position offers the opportunity for the same or a similar offense to occur, or if hiring the applicant or continuing the current employee’s employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
READ MORE

SUBSTANCE ABUSE TESTING

New Mexico, Virginia

Following recent New York and New Jersey recreational cannabis laws, New Mexico and Virginia have now enacted similar laws regarding adult recreational cannabis use, effective July 1, 2021. Likely, employers can still prohibit cannabis and impairment at their worksites, but this does provide a good opportunity for employers to assess the implications of the laws on their current policies and drug testing practices.
READ MORE

New York
New York State legalizes recreational adult use of marijuana. On March 31, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act. While, this act is not intended to limit authority of employers from enforcing workplace drug policies, it does prohibit discrimination because of an individual’s lawful activities outside the workplace, now including the use of cannabis in accordance with state law.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Virginia
On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (CDPA), the second comprehensive state data privacy law in the United States after the California Consumer Privacy Act of 2018 (CCPA). The law will go into effect on January 1, 2023. As anticipated, it governs companies who collect and control consumer personal data, obligating them to have security measures and accountability in place to protect and safeguard the data. There are now more than 20 other states with active introduction of privacy legislation. Here’s the list:
READ MORE

Washington, Oklahoma, Florida
For now, proposed statewide privacy legislation in both Washington and Oklahoma fails to advance. While in Florida, the chances of passing a comprehensive privacy law are good, but legislation is currently undergoing significant amendment.
READ MORE

Questions? We’re here to help!





Featured

Michigan Ruling: Redaction of PII Expected, Beginning July 1, 2021

The state of Michigan has enacted legislation to further strengthen the security of Personal Identifiable Information (PII) by allowing the redaction of certain identifiers used as ID confirmation during court case research. Effective July 1, 2021, PII impacted (as defined in MCR 1.109(G)(9) and MCR 8.119(I)) throughout all Michigan counties may include:

DOB
SSN
Driver’s License
Passport Numbers

How does this impact A-Check criminal record searches in Michigan?

A-Check has not changed our standard processes for criminal record searches. Prior to presenting permissible results to our clients, we still require 3 identifiers to authenticate the identity of search information. At this time however, we can predict that court researchers in Michigan will have limited ability to confirm redacted information.

While this ruling may be subject to discussion, delay, or revision, we do know that a number of Michigan counties have already begun to remove identifiers prior to July 1, 2021. That said, A-Check will continue to serve our clients to the best of our ability. In speaking with Michigan courts, many clerks have mentioned that providing assistance in some capacity and wherever county process allows will continue.

We’ll keep a close eye on this ruling and will continue to report any developments as we near the July 1, 2021 effective date. We’re here to help answer any questions you may have.

Featured

Compliance Clips for April 2021

CONSUMER REPORTING

California
Compliance is critical! A recent ruling approved a $175,000 class action settlement regarding alleged violation of the FCRA’s stand-alone disclosure requirement when requesting employment background screening. Let’s work together to minimize your litigation risk.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. 
The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now MAY 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

BAN THE BOX

California
The California Department of Fair Employment and Housing (DFEH) is increasing efforts to enforce compliance with Fair Chance protections against criminal record discrimination. Employers with operations in California should stay focused on compliance with protections against criminal record discrimination. These guidelines include eliminating conviction history questions on employment applications, as well as prohibiting consideration of conviction history before a conditional offer of employment. While A-Check recommends you consult with your company’s legal counsel, we are here to help answer compliance questions you may have.
READ MORE

SUBSTANCE ABUSE TESTING

New Jersey
Marijuana is now officially legal in New Jersey. Gov. Phil Murphy signed three bills into law that make adult use of marijuana officially legal, and decriminalize small amounts of marijuana possession in New Jersey. New Jersey becomes the 13th state in the nation to legalize marijuana. The bills will limit the use of previous marijuana convictions and help to create a carefully regulated cannabis marketplace, giving the state an economic boost.
READ MORE

New York
New York State legalizes recreational adult use of marijuana. On March 31, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act. The Act is not intended to limit authority of employers from enforcing workplace drug policies.
READ MORE

Nationwide Cannabis Bills in 2021
It bears repeating that there are currently more than a dozen state legislatures considering bills this year for medical and/or adult-use cannabis legalization. This site gives a rundown of continued progress toward state-level marijuana reform for 2021. At A-Check, we’re keeping a close eye on these developments and will continue to report.

Adult-Use Legalization Efforts:
Connecticut, Florida, Maryland, Minnesota, New Mexico, North Dakota, Texas and Virginia
Medical Legalization Efforts:
Alabama, Kansas, Kentucky, Nebraska, and Tennessee
Both Medical and Adult-Use Legalization Efforts:
Indiana, South Carolina
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Minnesota
Minnesota is the latest state to introduce legislation toward a comprehensive consumer data privacy law. On February 22, the “Minnesota Consumer Data Privacy Act” was introduced as HF 1492, and is expected to be signed into law. If passed, the MCDPA will govern the processing of consumer personal information, and will provide a number of consumer privacy rights, including the right to verify, correct, delete, access, and opt out of processing personal data. It will also set company requirements for data protection and consumer privacy notices.
READ MORE

Virginia
On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (CDPA), the second comprehensive state data privacy law in the United States after the California Consumer Privacy Act of 2018 (CCPA). The law will go into effect on January 1, 2023. As anticipated, it governs companies who collect and control consumer personal data, obligating them to have security measures and accountability in place to protect and safeguard the data.
READ MORE

Florida
With the introduction of HB 969, Florida’s House is moving forward with major consumer data privacy legislation to address consumer rights, the protection of personal information, business online privacy policy, and more. Consumer rights will include access to their personal data, the ability to request deletion of data, and opt out of personal data sharing or selling.
READ MORE

Illinois
Yes, data protection is important—as illustrated in a recent ruling that Facebook pay a $650 million settlement for violating Illinois consumer privacy. This case involved a claim that the tech giant illegally collected biometric data.
READ MORE

Nationwide
U.S. consumer data privacy legislation could be on the way. The Information Transparency and Personal Data Control Act was introduced to represent a uniform policy of regulations to help protect personal information from misuse. The bill aims to give consumers control over how businesses are sharing or selling their personal information, along with additional consumer rights regarding personal data.
READ MORE

Questions? We’re here to help!

Featured

A-Check Certified Integration with Oracle Recruiting

An Applicant Tracking System (ATS) integration is like having the best of both worlds. Your recruiting workflow is handled within the system you already know and use every day, and business partners like A-Check can seamlessly provide time-saving benefits (like background screening services) to help make your life just a bit easier.

A-Check Global works with many industry leading ATS vendors to integrate comprehensive background check and drug screening into the onboarding workflow—further improving the experience for employers and candidates:

  • Secure connectivity
  • Faster onboarding efficiency
  • Improved data accuracy and security
  • Compliance focused service

Oracle Recruiting Integration: Now Available within the Oracle Cloud Marketplace

A-Check is proud to share that as a Certified Oracle Gold Partner, we’re now also a Certified Integration with Oracle Recruiting, available within the Oracle Cloud Marketplace. This newest integration provides an additional resource to help organizations make informed employment decisions with greater accuracy, quicker turnaround, and within the convenience of the Oracle Recruiting talent management workflow.

A-Check Global background screening integration with Oracle Recruiting automates a critical step in the hiring process, giving hiring managers the ability to quickly request customizable background screening on candidates, receive updates throughout the workflow, and gain secure access to final reports through the Oracle Recruiting integration.

Here to Serve You through Oracle Recruiting . . . and Many Others. Keep in mind that we have also have Certified Integrations with:

And, our development experts have worked directly with clients to implement integrated solutions with many other leading ATS partners. Let us know how we can help you further improve your onboarding efficiency at your organization. We’re here to help!

Featured

Compliance Clips for March 2021

CONSUMER REPORTING

Philadelphia
Effective February 20, 2021, Philadelphia has expanded legislation to prohibit covered employers from using an applicant’s credit-related information in connection with employment decisions or considerations. The amendment expands the scope of covered employers to include financial institutions and law enforcement agencies operating in Philadelphia, which were previously exempt from the law’s requirements. Once in effect, law enforcement agencies and financial institutions (such as banks, insurance companies, and brokerage firms) may not rely, in whole or in part, on credit-related information to take adverse employment action related to job applicants or employees, unless exceptions apply (obtained under federal or state law, for example).
READ MORE

Nationwide
There’s no question, Fair Credit Reporting Act (FCRA) case filings continue to increase year over year. Here’s a link to 10 FCRA case decisions from 2020 that all clearly illustrate the importance of accuracy, disclosure, and compliance with credit reporting laws. Take a read and then let A-Check know if you have any questions about your background screening program.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now MARCH 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

SUBSTANCE ABUSE TESTING

Nationwide Cannabis Bills in 2021
After the 2020 election where we saw five states pass marijuana legalization measures, now more than a dozen state legislatures are considering bills this year for medical and/or adult-use cannabis legalization.
Adult-Use Legalization Efforts:
Connecticut, Florida, Maryland, Minnesota, New Mexico, New York, North Dakota, Texas and Virginia
Medical Legalization Efforts:
Alabama, Kansas, Kentucky, Nebraska, and Tennessee
Both Medical and Adult-Use Legalization Efforts:
Indiana, South Carolina
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

BAN THE BOX

Illinois
Illinois is one of several states that have passed a Ban the Box law—called the Job Opportunities for Qualified Applicants Act—which prohibits most employers from asking about criminal history until the later stages of the application process. Under the law, employers may not ask about or consider an applicant’s criminal history until they have 1) determined the applicant to be qualified for the position, and 2) notified the applicant of being selected for an interview, or if there is no interview, extended a conditional job offer to the applicant.
READ MORE

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Washington State
An updated Washington state privacy act, SB 5062, was re-introduced in early January with revisions to consumer rights regarding their personal data, controller responsibility, and more. The bill will apply to companies conducting business or offering products and services to Washington consumers, controlling or processing data for 100,000+ consumers, and adds nonprofit corporations, air carriers, and higher learning institutions to the list.
READ MORE

Oklahoma
In legislation news we’re watching: Oklahoma joins numerous other states in proposing consumer data privacy legislation. The Oklahoma Computer Data Privacy Act (OCDPA), House Bill 1602, was filed in January for review and commentary. If passed, the OCDPA would require that certain companies obtain prior consent before collecting and selling consumer data. The bill also gives Oklahoma residents a mechanism for requesting that businesses disclose what information they have about them, as well as the right to request deletion of that information. The bill also provides a private right of action for Oklahoma residents for which residents may seek injunctive relief, actual damages, and statutory damages up to $7,500 for intentional violations.
READ MORE

Virginia
Virginia House of Delegates voted 89-9 to pass a privacy bill, potentially making Virginia the next state behind California to enact a comprehensive data privacy law similar to the California Consumer Privacy Act (CCPA). Now, going one step further, Virginia’s Consumer Data Protection Act (CDPA) is now expected to be signed into law by Governor Ralph Northam, and would take effect on January 1, 2023. Companies already complying with the CCPA have a head start on their compliance efforts but will need to plan privacy compliance program adjustments to be fully prepared for the CDPA, including consumer rights regarding personal data, controller responsibility, and more.
READ MORE

California
Yes, the CPRA deferred some of the CCPA’s employee-related requirements until Jan. 1, 2023. That said, employers are still required to provide employees with notice prior to collection of personal data. Since January 1, 2020, a notice at collection, which must be provided “at or before the point at which” the collection of information occurs, including: a list of personal information categories collected, permissible purpose, how to opt out, and how to find and view a company’s privacy notice.
READ MORE

Questions? We’re here to help!

Featured

Five Questions to Ask when Selecting a Background Screening Partner

Do they understand your business?

Your organization is unique, these times are unique, and what may have worked for you a year or two ago may not necessarily present a clear picture of what will continue to work as your company evolves. The same applies to the relationship between you and your background screening partner. It should be an ongoing discussion of your specific hiring needs and how your industry impacts your background screening program.

Any reputable background screening provider can provide a service. Taking it to the next level means partnering with a vendor that’s familiar with serving your industry. For example, the healthcare industry may require regulated occupational health screening services, or perhaps screening programs for volunteer or other non-personnel positions, while the transportation industry will require motor vehicle record services that require quick and convenient bulk uploads and periodic checks for their staff.

Of course, the screening services you order may change over time as your needs of your company and your industry change. It’s not a static process. Your screening company should always be available to discuss your specific needs, and should be flexible enough to make recommendations and adjustments for ongoing focus on your business success.

At A-Check Global, it’s exactly why we enjoy holding business reviews with clients. They are valuable opportunities to discuss specific goals together while also looking at real-world data to make informed and compliant decisions as a team.

Are they focused on compliance?

It’s no secret that class action attorneys, year after year, continue to pursue employers and Consumer Reporting Agencies that are not in strict compliance with FCRA requirements.

That’s where the confusion can start. While there may be a belief that the background screening vendor is solely responsible for the compliance of the entire screening process, the reality is that it’s a shared responsibility between those that request consumer reports (a client end user) and those that compile the consumer report (A Consumer Reporting Agency like A-Check).

Language within important disclosure and authorization documents presented to job applicants can change over time, and state-by-state requirements can be cumbersome to understand and put in practice. It’s more important than ever before that your background screening partner has advanced experience with ensuring customers have what they need to remain compliant.

Are they Professional Background Screening Association (PBSA) Certified?

As you may already know, the Professional Background Screening Association (PBSA) “exists to advance excellence in the screening profession.” The PBSA was founded in 2003 as a non-profit association representing, guiding, and promoting ethics and performance standards of companies offering employment background screening services. PBSA Member companies—like A-Check Global—are defined as “consumer reporting agencies” and governed by Fair Credit Reporting Act (FCRA) legislation.

As an active and founding member of the PBSA, we’ve been honored to work alongside this important industry association since its founding, and have been honored to achieve accreditation as, not just a business milestone, but also as valuable recognition of our ongoing commitment to maintaining the highest levels of both professional standards and customer service.

Keep in mind, PBSA membership does not result in an automatic Background Screening Agency Accreditation (BSAAP). In fact, the BSAAP is governed by a strict professional standard of specified requirements and measurements, and recognized widely as a critical seal of approval.

For our clients, this accreditation is an important element of the trust they put in us to provide quality, consistent, and compliant service. It’s definitely peace of mind knowing your screening partner has demonstrated a service commitment and a complex understanding of the background screening industry.

Are you still trying to get an answer to your question?

Customer service is probably among the top two or three pain points for most HR professionals. Well, actually, most people, even in their day to day lives. Chances are, we all have shared experiences of endless phone menus, unanswered messages, or worse, the hand-off to yet another live person who doesn’t know you, your account, or the answer to your question.

We don’t have to get too detailed here, because we all have a good idea of what it takes to provide excellent customer service, and how horrible it can be to receive unsatisfactory service from a business partner.

Simply put, your background screening partner should 1) have a dedicated customer support team who knows you and your account, 2) have secure account and information access across your support team so anyone can effectively and accurately answer your questions, 3) have notes and system alerts to help keep you updated on your background screens, and 4) maintain extended hours to serve when it’s convenient for you.

Have they invested in the customer AND candidate experience?

Your background screening partner should be taking advantage of HR technology to provide convenience, connectivity, and automation wherever possible. Their system should have the ability to integrate background screening processes into your current Applicant Tracking System (ATS)—meaning you can easily request a background screen and have secure access to the final report, all originating from the system you’re already using.

And likewise, your job applicants should have access to a straightforward, mobile-friendly application when asked to authorize and provide further information for the background screening process, or to self-schedule drug screens.

How can we help you?

That was only five questions. If you’re looking for a background screening partner, chances are you have many more to ask. We’d be honored to introduce you to A-Check Global.

Featured

Marijuana and Employment Drug Testing: What’s an Employer to Do?

It’s enough to make your head spin. Marijuana is legal for medical and/or adult recreational use in a growing number of U.S. states. However, testing positive during a drug test can be an issue for job applicants, employees, and employers alike. For employers and HR professionals, we assume trying to keep up with the velocity of new legalization has left you wondering just how these new laws are going to impact your drug testing policies.

From here on out, successfully navigating legalized marijuana legislation is going to be a challenge for organizations. Published statistics all point to increased marijuana use over the next five years (fueled in part by the COVID-19 pandemic), and U.S. legal marijuana market revenues are projected to reach $42 billion by 2025.

Marijuana and Federal Law

At the federal level, marijuana is classified as a Schedule I substance under the Controlled Substances Act. Schedule I substances are considered to have a high potential for dependency and no accepted medical use, making distribution of marijuana a federal offense. And in spite of ongoing legalization at the state level, this federal classification has not yet changed. As such, when it comes to drug testing, there is no one-size-fits-all approach to developing a program.

Because cannabis use remains illegal under federal law, employers within federal government regulated industries must maintain employment policies requiring pre-employment and random drug testing. While non-federally regulated employers are not required to include drug testing, keep in mind that there are still states and local governments that still enforce marijuana laws, and may require drug screening for certain positions.

Marijuana and State Law (Currently)

Legal use of marijuana (medical and recreational) varies from state to state. In 36 states, the District of Columbia, and the territories of Guam, Puerto Rico, and the U.S. Virgin Islands, it is legal for those dealing with epilepsy or other particular illnesses to legally use marijuana for medical reasons.

In 15 states—Alaska, Arizona, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, Oregon, South Dakota, Vermont, and Washington—the District of Columbia, and Guam, adults can legally use recreational marijuana.

Evolving Legislation

Let’s take a quick look at New York City, for example. Effective May 10, 2020, New York City enacted a law that considers testing of Marijuana for job applicants a discriminatory practice equivalent to denying employment to a job applicant based on race or gender. This law applies to all job applicants in New York City with the following exceptions:

  • Law enforcement positions
  • Construction workers on public projects
  • Jobs requiring a commercial license
  • Position involving the care of vulnerable persons
  • Positions that impact health or safety of the public

So, where to from here?

Regardless of state or local legislation, you as an employer have the legal right to promote and maintain an alcohol- and drug-free workplace. Likewise, you have the right to test employees (random) and job applicants (pre-employment screening) provided you clearly inform them of your organization’s substance abuse testing policies.

That said, drug screening for marijuana remains quite the debated topic. Especially in how it differs from alcohol, as alcohol does not linger in the bloodstream as cannabis does. A positive test does not mean someone is impaired at that moment. In fact, it’s widely proven that someone can fail a marijuana test days after using marijuana.

Be extremely careful when using marijuana testing results to make employment decisions. For example, if you decide to fire someone holding a medical marijuana card because of a positive drug test, it could potentially be litigated as workplace discrimination. In states like Nevada and New York, those using marijuana for a medical purpose, and holding a legal medical marijuana card, are considered legally disabled and have the same rights as others covered by disability laws which require employers to “reasonably accommodate” medical needs of an employee.

As a final thought, work closely with your legal counsel to:

  • Create standardized policies that effectively dictate all substance abuse and marijuana testing
  • Identify each job and jurisdiction to ensure compliance for each applicant/employee being tested
  • And, work closely with a resource you trust—like A-Check—to regularly confirm which states have legalized marijuana laws and what might be pending

While A-Check does not provide legal advice or counsel, we truly appreciate every opportunity to assist our clients, and welcome questions about your organization’s screening program.

We’re here to help.

Featured

Compliance Clips for February 2021

CONSUMER REPORTING

FTC Settles Tenant Background Screening Company Claim
Welcome to 2021, where—no surprise—compliance is still just as important. The Federal Trade Commission has reached a $4.25 million settlement regarding alleged unfair or deceptive acts in connection with background screening reports. More specifically, 1) identifiers did not reasonably match the applicant, 2) inconsistencies existed in identifiers, 3) records did not accurately reflect offenses, and 4) multiple entries existed for criminal records. This particular complaint alleged that reasonable procedures were not in place to assure the accuracy of the criminal and eviction records obtained from a third party vendor for tenant background screening reports. While these screens were presented to landlords and property management companies, it also is a very important example to illustrate why everyone at A-Check is committed to ensuring we meet your organization’s screening requests with attention to compliant business practices.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now MARCH 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Florida
Florida Public Employers: Every public employer, contractor, and subcontractor in Florida must now register with and use the E-Verify system to verify the work authorization status of all newly hired employees. E-Verify is the online system operated by the U.S. Department of Homeland Security and the Social Security Administration that allows participating employers to electronically verify and confirm the identity and employment eligibility of newly hired employees. Both federal and Florida law prohibit employing individuals who are not authorized to work in the United States. Many states have legislation mandating E-Verify use, now including Florida.
READ MORE

SUBSTANCE ABUSE TESTING

What We’re Watching: Potential Legislation
Looking ahead, New York, Connecticut, and Virginia might be three states likely to legalize marijuana in 2021. And 2020 national Gallup polling hits an all-time high with 68% in favor of U.S. legalization. Currently, 36 states have enacted medical cannabis legislation, with 15 also allowing for the adult-use consumption and/or retail sale of marijuana. Although 2021 isn’t a big year for elections, there are indications that New York, Connecticut, and Virginia may consider cannabis law this year.
READ MORE

Illinois
Illinois Gov. J.B. Pritzker recently announced the forgiveness and expungement of about 500,000 criminal cannabis cases, as mandated by the Illinois law that legalized the licensed sale of marijuana starting in 2020. Pardons were issued for 9,210 low-level cannabis convictions, while Illinois State Police have wiped clean more than 492,000 non-felony cannabis-related arrest records. The intent of the law is to reduce the impact of the war on drugs on minorities, who were disproportionately arrested and locked up for cannabis crimes.
READ MORE

New Jersey
Although there have been delays in legislative action, and after voters approved legalization in November, the governor of New Jersey recently reaffirmed commitment to passing laws regarding marijuana. Lawmakers introduced marijuana legislation last November, soon after voters approved cannabis reform. However, since then, it’s been subject to a number of changes and delays in legislative action.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

BAN THE BOX

Nationwide
It’s now reported that as many as three-fourths of U.S. population lives within a Ban the Box jurisdiction. That’s nearly 40 states and 150+ cities and counties nationwide. Ban the Box legislation provides applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process, or even after a conditional offer has been made. We recently found a great site that clearly illustrates current states and localities with Ban the Box legislation in place.
READ MORE

DATA PRIVACY

New year, new privacy legislation. In 2021, we will likely see a wave of GDPR-like regulatory measures to address data protection and privacy around the world. With information security the focal point of a world that has made the shift to remote activity, this year may prove to be a year where countries not only catch up with their privacy legislation backlogs, but also work to enact 2021 privacy legislation. Here in the United States, three states (California, Nevada, and Maine) have enacted consumer privacy legislation, with 16 more introducing similar laws of their own. And, while there is federal law providing some degree of data protection, efforts are still being put forth to create an overarching framework to govern privacy law.
READ MORE

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home swab collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

Questions? We’re here to help!

A Focus on Return to Office: A-Check Global COVID-19 Testing Options for Your Workforce

FeaturedA Focus on Return to Office: A-Check Global COVID-19 Testing Options for Your Workforce

Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office.

While granted, it’s not quite yet a universal movement, we do speak every day with clients who are looking for resources to help them transition employees back to their physical workplaces, This not only means revising guidelines to help maintain safe, healthy offices, but perhaps also implementing COVID-19 testing as a critical element of return to office efforts.

Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices.

We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks.

COVID-19 Rapid Infection At-Home Collection

Through A-Check’s partnership with Quest Diagnostics, we offer an at-home swab collection option to help diagnose whether your employees currently have COVID-19.

This anterior nares (nasal) swab collection kit, which is authorized by the FDA under an Emergency Use Authorization (EUA), allows your employees to self-collect a sample to then be tested at a Quest laboratory. This test is used to screen for COVID-19.

Your employees have a convenient option to collect an upper respiratory nasal sample at home using the collection kit sent directly via express delivery at no additional charge to them. Detailed instructions on how to collect a sample are included in the collection kit. Also included in this at-home kit are a prepaid overnight shipping label and envelope that your employees can use to securely ship the sample to a Quest laboratory for COVID-19 testing.

Your employees are alerted when test results are ready (typically within 24-48 hours) and have secure access to the patient-friendly report. Additionally, your administrators can securely review and verify employee participation, status, and results online.

Additional COVID-19 Screening and Testing Services

Through our partnership with Concentra, we also offer initial screening using a COVID-19 Assessment. A clinician reviews your employee’s responses to determine if the employee may go to the office or if testing for active COVID-19 infection, testing for COVID-19 antibodies, or an in-person clinical examination is recommended.

  • COVID-19 Antibody Test – Initial: includes comprehensive screening and tests employees for possible COVID-19 immunity
  • COVID-19 RNA Test – Initial: includes comprehensive screening and tests employees for active COVID-19 infection
  • COVID-19 RNA Test – Surveillance: includes ongoing screening and testing of employees for active COVID-19 infection

Your employee’s COVID-19 status will be assessed by experienced clinicians who apply their medical knowledge and experience to evaluate the risk of each individual employee and the risk to the workforce.

You have the added assurance that services will be delivered consistently from more than 520 Concentra medical centers nationwide. We are more than happy to help you identify locations closest to your employees.

Who Should Get Tested?

While effective testing is essential in helping slow COVID-19 spread by identifying and isolating those with active infections, it’s also critical to make sure tests are distributed and implemented efficiently. That is, not everyone needs or should be getting tested. COVID-19 testing may be an option for those who:

  • Are required to perform COVID-19 testing to meet school, workforce, or travel requirements.
  • Are identified by an employer, public health department, contact investigator, or healthcare provider as someone who should get tested.
  • Have been in close contact with someone who has a confirmed case of COVID-19.
  • Live or work in a place where people reside, meet, or gather in close proximity.
  • Currently have symptoms of fever, cough, shortness of breath, and/or loss of taste or smell (typical symptoms).
  • Are trying to determine if a prior infection with COVID-19 has resolved.

We are committed to the health and safety of our valued clients.

For more information, pricing, and to place an immediate order:
Contact Us
acheckorders@acheckglobal.com
877-345-2021

Featured

Compliance Clips for January 2021

CONSUMER REPORTING

FCRA Violation Finding
Another reminder regarding the importance of FCRA compliance: On November 12, 2020, Illinois-based a non-bank debt collector and furnisher of consumer information, and the Consumer Financial Protection Bureau (CFPB) entered into a Consent Order requiring that they take a number of affirmative actions to prevent future violations of the Fair Credit Reporting Act (FCRA) as well as pay a $500,000 civil money penalty for past violations, including consumer disclosure and communication.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Further Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is closed or taking other precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now January 31, 2021.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

SUBSTANCE ABUSE TESTING

Virginia
On the heels of the November election, Virginia Gov. Ralph Northam announced a plan to establish a path toward marijuana legalization. However, it is assumed that legalizing recreational marijuana will likely be a lengthy process. If legislation passes, Virginia would join about a dozen other states and could become the first state in the South to legalize recreational marijuana. Currently, medical cannabis is legal in Virginia for certain patients.
READ MORE

New Jersey
Because legalized adult recreational use of cannabis is coming to New Jersey—as of January 1, 2021—employers will want to start considering steps toward compliance while proposed laws are in discussion. Here’s a good list of where to focus initial efforts. Specifically, hiring and adverse action guidance for employees based on cannabis use. Likewise, proposed law would permit employers to keep or establish drug and alcohol-free workplaces and employers would not have to permit or accommodate cannabis use in the workplace or during work hours.
READ MORE

Texas
In news we’re watching: Historically, Texas has taken a tough stance on marijuana possession, but Texas lawmakers will once again take another run at legislation to legalize marijuana when the legislature convenes in January, 2021. But while those who are pre-filing marijuana legalization bills have high hopes, most political pundits say they doubt that Texas will decriminalize marijuana in 2021.
READ MORE

Federal
The nation may be one step closer to federal decriminalization of cannabis. A House of Representatives vote, 228-164, removes marijuana from the federal Controlled Substances Act, eliminating conflict between state and federal marijuana laws. The legislation would also expunge some criminal records, allow for more testing and research of the substance, allow veterans for the first time to obtain medical cannabis recommendations from their VA doctors, remove the threat of deportation for immigrants accused of minor marijuana infractions or who are gainfully employed in the state-legal cannabis industry, and create funding for people and communities impacted by the War on Drugs.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

BAN THE BOX

New York City
On December 10, 2020, New York City expanded the scope of its Ban the Box law—the New York City Fair Chance Act (FCU)—further limiting an employer’s ability to take adverse action based on pending criminal charges or arrests, or convictions arising during employment. The amendments expand the FCA’s protections by requiring employers to apply the FCA review process before taking adverse action based on an applicant or employee’s pending, open criminal charges, arrests or accusations. The amendments to the FCA also apply the FCA notice and review process to criminal convictions arising during employment.
READ MORE

COVID-19

A Quick Scam Reminder
In a recent BBB Scam Alert: COVID-19 vaccines have arrived. So have the scams. Watch out for phony treatments and phishing messages while government officials crack down on fake testing kits and vaccines. Scammers are very creative, so be skeptical of anything that seems too good—or crazy—to be true. Double check any information about the vaccine with official news sources. And be aware that none of the vaccines can be currently purchased online or in stores.
READ MORE

Return-to-Office COVID-19 Testing Services for Your Workforce
Depending on your company’s policy, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices you may already have in place. We want to quickly let you know that A-Check is here to help by providing solutions to meet your immediate needs. Testing and surveillance services through A-Check’s Medical Center partner networks can help as your employees return to the office.
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Questions? We’re here to help.

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Happy Holidays from everyone at A-Check!

As we all work feverishly toward the last business day of 2020, we just want to take a few moments to wish you and your loved ones a wonderful holiday season. Thank you for your trust in us throughout 2020. It’s been quite a ride this year, and we owe our current and future success to your loyal and ongoing business. Likewise, it is an honor to be part of your organization’s family, and we appreciate every opportunity to help you and your business thrive.

Here’s to the opportunity and success that lies ahead of us.

You’ve probably heard already, but we’re all planning to take a little time to enjoy the holidays with our families too. Here’s a quick note of our upcoming holiday hours of operation.

Thursday, December 24: Closed at 3:00 pm (PST)
Friday, December 25: Closed in observance of Christmas
Thursday, December 31: Closed at 3:00 pm (PST)
Friday, January 1: Closed in observance of New Year’s Day

Please note: most schools, businesses, courts, government agencies, and drug collection facilities will have limited availability during the holidays. Minor delays may occur for some search results.

As always, we’re here to help. Just reach out and let us know what we can do to assist. Have a healthy, happy, and peaceful holiday season!

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Celebrating 50 Years of the FCRA

Perhaps it went a little unnoticed by many, but let’s take just a moment now to acknowledge that the Fair Credit Reporting Act (FCRA)—the nation’s first consumer financial privacy statute—recently celebrated its 50th anniversary. The FCRA was designed to regulate the practices of consumer reporting agencies (CRAs) that collect and process information into reports used by businesses to make informed financial or employment decisions about consumers. Since 1970, the law has been an immense benefit to consumers, and will continue to ensure covered entities honor their legal obligations. Likewise, it will also require ongoing review to address the evolving economic landscape.

There have been many additional developments to the FCRA over the years, but three important features are as applicable today as they were decades ago during its introduction:

  • The law was constructed to regulate the efficiency of the nation’s consumer credit reporting organizations, drastically reducing the amount of time it took credit applications to be reviewed and processed.
  • The FCRA included legislation specifically designed to improve accuracy and integrity of information presented in consumer reports.
  • And third, it set important—and evolving—provisions to minimize risk of misuse by specifically limiting private consumer information access to only those with a legitimate, permissible purpose to access it.
    READ MORE

A Friendly Reminder about FCRA Requirements

As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. Because we’re committed to compliant business practice, we keep a close eye on our own efforts while processing your requests—and are equally committed to our clients’ compliance throughout their employment programs. For your convenience, here’s a very quick checklist of key requirements to keep handy:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check.
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and we always welcome your questions.

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Compliance Clips for December 2020

CONSUMER REPORTING

The California Privacy Rights Act
The California Privacy Rights Act (CPRA), a ballot initiative approved by California voters, amends the California Consumer Privacy Act (CCPA) to create additional consumer rights and create a new category of consumer personal information. Never before has a state gone so far to protect consumer data privacy. Before the CPRA takes effect on Jan. 1, 2023, we expect to see another lengthy process of proposing, commenting on, and finalizing CPRA regulations, which the CPRA requires to be promulgated by July 1, 2022. Here’s a closer look.
READ MORE

I-9 AND E-VERIFY

Further Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is closed or taking other precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now December 31, 2020.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Recent E-Verify Requirement Update
The United States Citizenship and Immigration Services (USCIS) announced a new timing requirement for employers that receive a Tentative Nonconfirmation (TNC) during the E-Verify case creation process. E-Verify now requires enrolled employers to take action on Tentative Nonconfirmations (TNC) for their employees within 10 federal government working days or risk potential compliance actions, up to and including termination of their E-Verify account.
READ MORE

SUBSTANCE ABUSE TESTING

New York
In news we’re watching: New York Gov. Andrew Cuomo has said legalizing marijuana could represent a key opportunity for the state to recover economically from the coronavirus pandemic. Cannabis has been decriminalized in New York since 2019, but recreational marijuana remains illegal in the state. The hope is to have something introduced to address this in early 2021.
READ MORE

Ballot Measures Passed in November
Cannabis legalization was on many state ballots in November, and of the states that voted on cannabis, all approved legal recreational marijuana for adults age 21 and older. New Jersey and Montana approved recreational cannabis, Mississippi approved medical use, while South Dakota approved both recreational and medical use at one time.
READ MORE

Oregon
In yet more recent ballot news, Oregon has become the first state to decriminalize personal possession of small amount of illegal hard drugs, including cocaine, heroin, oxycodone, and methamphetamine. The ballot measure reclassified possession of small amounts of a list of hard drugs as a Class E civil violation, similar to a traffic offense.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

BAN THE BOX

Montgomery County, Maryland
The Montgomery County, Maryland Council approved amendments to its 2014 Ban the Box legislation. Original legislation prohibited employers with 15 or more full-time employees in Montgomery County from conducting a criminal background check of a job applicant, or otherwise inquiring about the criminal or arrest history of an applicant, prior to the completion of a first interview. Bill 35-20 expands previous legislation by prohibiting background checks until after extending a conditional job offer, and redefining “employer” to include any employer with one or more full-time employees in Montgomery County.
READ MORE

COVID-19

Return-to-Office COVID-19 Testing Services for Your Workforce
Depending on your company’s policy, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices you may already have in place. We want to quickly let you know that A-Check is here to help by providing solutions to meet your immediate needs. Testing and surveillance services through A-Check’s partner network of Concentra Medical Centers can help as your employees return to the office.
READ MORE

Questions? We’re here to help!

Featured

The 2020 November Election Was a Big Day . . . for Marijuana.

While Americans across the country were glued to their TVs throughout the day, it’s noteworthy to mention that aside from the Presidential election, it was a big day in America for the legalization of marijuana. In fact, voters in five states approved new measures to legalize medical or recreational marijuana. Here’s a quick rundown of ballot measures that passed:

Arizona
While an earlier legalization measure failed in 2016, voters this time around passed Prop 207—the Smart and Safe Arizona Act (SSAA). This new legislation will permit possession (up to one ounce) and use of marijuana for adults ages 21+, and will permit individuals to grow up to six marijuana plants in their primary residence.

Mississippi
Nearly 70% of voters supported Mississippi Ballot Measure 1, legislation permitting doctors within the state to prescribe medical marijuana for patients with at least one of nearly two dozen qualifying conditions such as cancer, PTSD, HIV, and many more.

Montana
Voters passed Initiative 190 and Initiative 118, which together legalize the consumption, possession, and purchase of marijuana for adults ages 21+. This legislation also provides an opportunity for people serving marijuana-related sentences—which are no longer considered crimes under these Initiatives—to request resentencing or that their convictions be expunged.

New Jersey
A majority of New Jersey voters supported legalization, by a roughly 2-to-1 margin, to pass Public Question No. 1. This legislation will legalize the use and possession of marijuana for adults ages 21+, and will also legalize the cultivation, processing, and sale of marijuana. Keep an eye out for neighboring states to consider and introduce future legislation measures to capitalize on this area’s tax revenue potential.

South Dakota
Voters overwhelmingly passed Constitutional Amendment A and Measure 26, making it the first state to legalize marijuana for both recreational and medical use on the same ballot. Legislation legalizes recreational marijuana use, possession, and distribution of up to one ounce for adults ages 21+. Additionally, this allows for a medical marijuana program to support patients with a chronic or debilitating disease or medical condition.

Oregon
Additionally, it’s worth reporting that Oregon voters passed Measure 110, which decriminalizes possession of small amounts of drugs such as heroin, cocaine and methamphetamine—making them no longer punishable by jail time, but instead amounting to something along the lines of a traffic ticket. It also evolves addiction assistance and health services, offering critical help instead of a jail sentence.

Please keep in mind that in spite of evolving legislation, employers still have a right to maintain a drug-free workplace and/or maintain workplace policies that address drug and alcohol use among employees or applicants. We’re happy to answer any substance abuse screening questions you may have, help you implement a drug screening program that meets your evolving needs, or make adjustments to the program you’re already running with us.

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Compliance Clips for November 2020

EMPLOYMENT LAW

2020 Headlines
While Halloween is now officially behind us, it’s still worth a quick look at 2020 headlines that are sure to give HR professionals—and the rest of us—nightmares! Steer clear of lawsuits by managing with care and attention to employment law.
READ MORE

I-9 AND E-VERIFY

Extension Still Applies: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is closed or taking other precautions due to COVID-19. 
The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, remote I-9 document review has been extended; the expiration date for these accommodations is now November 19, 2020.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Exploring the Basics of Form I-9
With U.S. government focus on enforcement and audit of employee authorization to work, it’s always worth taking a few moments to review the basics of Form I-9. Every employer must have a Form I-9 for every employee. While the form itself is not complicated, accuracy and process counts to ensure that you’re prepared for an audit.
READ MORE

SUBSTANCE ABUSE TESTING

Substance Abuse Trends Reported by Quest Diagnostics
U.S. General Workforce drug positivity hits 16-Year High in 2019. Quest Diagnostics—a trusted A-Check drug screening partner and leading provider of diagnostic services—recently released their Drug Testing Index™ analysis of more than nine million workplace drug test results. As Quest Diagnostics reports, even prior to COVID-19, workplace drug positivity rates were trending in the wrong direction. Now, with many Americans under higher stress levels as they continue to juggle remote work schedules, childcare and homeschool responsibilities, and even frustration from ongoing social isolation, it stands to reason that there may have been negative impact on general health and well-being during these recent months.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

BAN THE BOX AND CRIMINAL HISTORY DISCLOSURE

Hawaii
Now effective, Hawaii has amended its Ban the Box law, offering protections for individuals with old and/or relatively minor conviction records. The law prevents most private sector employers from considering felony convictions older than seven years, and misdemeanor convictions older than five years. However, an employer making employment decisions may inquire about and consider an individual’s criminal conviction record, provided the conviction in question has a logical relationship to the position’s duties.
READ MORE

South Carolina
In other Ban the Box news, the city of North Augusta, SC, is removing a question about criminal history from job applications for city positions. This change won’t alter the hiring process at all; it will simply remove the question from upcoming applications.
READ MORE

A Ban the Box Overview
36 states and 150+ municipalities have Ban the Box laws to prohibit employers from asking about criminal history on job applications. This article quickly details a number of the most recent changes and updates in Hawaii, California, and St. Louis, Missouri.
READ MORE

SALARY HISTORY

Maryland
Now effective as of October 1, 2020, there are more boxes to ban from Maryland employment applications. Maryland prohibits employers from asking about an applicant’s current or prior pay. This new law will 1) prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances; and 2) require an employer to provide an applicant, upon request, with the wage range for the job applied for. The new law amends Maryland’s existing Equal Pay for Equal Work (EWEW) law, and will apply to all private, state, and local government employers in Maryland.
READ MORE

A Look at Salary History Bans Already in Place
State and local governments are increasingly adopting legislation to prohibit employers from requesting salary history from job applicants. For your reference, here’s a great running list of states and localities that have legislation in place.
READ MORE

COVID-19

Updated COVID-19 Guidance from the EEOC
While we mentioned this in last month’s email, it’s worth repeating, especially as many organizations continue to make cautious, careful decisions about the balance between remote and in-office workforces.

The EEOC recently updated guidance on the Americans with Disabilities Act (ADA) and the Coronavirus pandemic. This new information expands their prior guidance on how the ADA applies to the current pandemic. In a question and answer form, this guidance covers a number of important issues surrounding COVID-19 and the workplace, including: the right for an employer to ask employees entering the office if they have COVID-19 symptoms, the right for an employer to report employees with COVID-19 or associated symptoms to appropriate personnel, the right for an employer to require a temperature check, and much more.
READ MORE

Questions? We’re here to help!

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A Quick Look at Pre-Employment Credit Screening (From the Applicant Point of View)

If your organization runs pre-employment credit checks as part of your overall screening program, let’s ask you to put on your “applicant hat” for this blog entry. We’ll take a minute to look at credit checks from the applicant angle. And more importantly, to see what they face when applying for positions while also battling—or recovering from—lackluster credit histories.

So, just how many companies run pre-employment credit checks?

You might be surprised to know that a good percentage of companies make it common practice to run credit checks, especially for job positions handling money and/or sensitive, personal information. In fact, many run credit checks as a predictor that if an applicant successfully manages their own money, it’s a sign that he or she will make good, ethical decisions in the workplace.

A 2018 HR.com survey of HR professionals reported that just over 30% of companies performed credit checks on at least some of their applicants, if not all. Of course, if you’re not already running credit checks, we always recommend you check with your legal resource to confirm any limitations in your area for doing so.

Let applicants know what information is available during a credit check.

Your applicant just dazzled you with an impressive interview. You think it could potentially be a great match, and hopefully for many years to come. You may even be considering a conditional job offer. Now, it’s time to share that you run a pre-employment credit check as part of your company’s overall background screening—and here come the questions. No worries, this is what you do best. Take a moment to let them know what is, and isn’t, part of the credit check:

  • First, and probably most important to your applicant: the credit check doesn’t include a credit score. The credit score isn’t provided as part of a pre-employment credit check.
  • The report will show open accounts (without actual account numbers), payment history, outstanding balances, and open credit amounts. You’ll also have access to information about accounts in collections, negative payment history, and credit to balance limits ratio—unfortunately known as red flag items that illustrate credit issues.
  • The credit check is known as a soft hit, which will have no impact on the applicant’s credit score. Hard hits, like inquiries run for purposes of a loan offer or credit extension, can potentially impact a credit score.

Now, pretend you’re the applicant. How’s YOUR Credit?

Applicants may have asked you how they can improve their credit score. As an HR professional, it certainly helps to have a few key pieces of advice on hand. Or, perhaps this has you now thinking about your own credit history. Because who knows, perhaps someday you might be an applicant about to land your next dream job!

  • Top Tip: Regularly review your credit report for inaccurate information. You may already know, but it bears repeating that you can obtain a free credit report from all three credit bureaus at annualcreditreport.com. You’re entitled to one free report per year from each bureau (TransUnion, Equifax, and Experian). If you spread that out across the year, it would mean you could go to one of the three bureaus every four months for your report.  
  • If you find inaccurate information, it is critical to immediately dispute it with the credit bureaus. Keep in mind that applicants finding inaccurate information may also reach out before a credit check to let you know they are currently disputing information. And, while it may be a little “too much information,” know that applicants may let you know their credit troubles are the result of a particular hardship—like a divorce, family death, or other life event.

The bottom line, pre-employment credit checks can be a valuable tool to understand your applicants’ approach to money management, as well as their potential to make appropriate decisions in their roles within your organization. As an HR professional, it’s also a great opportunity to help ensure you’re making informed employment decisions for the safety and well-being of your organization.

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Compliance Clips for October 2020

CONSUMER REPORTING

Helpful Compliance Guidance for End Users of Consumer Reports
You may already know that the federal Fair Credit Reporting Act (FCRA) is the primary legislation regulating the procurement and use of a consumer report (a background screening report from A-Check Global, for example). Adding even more complexity to compliance focus—regulatory compliance for domestic consumer reporting also includes state and jurisdiction consumer reporting laws with additional procedures and disclosures. This topic can become very confusing, very quickly. Please know we’re always here to help. A-Check developed a handy checklist to help you gauge your organization’s current level of regulatory compliance for the end use of consumer reports in the hiring process.
READ MORE

I-9 AND E-VERIFY

Extension: Form I-9 and Requirements in response to COVID-19
An additional update is available in light of ongoing COVID-19 efforts. The in-person requirement for the Form I-9 is temporarily suspended if your company is closed or taking other precautions due to COVID-19. The general rule is that an employer must undertake a physical inspection of the document(s) presented by the employee for section 2 purposes.

UPDATE: Because of ongoing COVID-19 precautions, it has been announced that remote I-9 document review has been extended for another 60 days; the expiration date for these accommodations is now November 19, 2020.

The government has suspended the in-person and physical inspection of the document(s) presented by the employee when completing the Form I-9. During this time, an employer can view the document(s) presented by the employee via Zoom or Skype, for example.
READ MORE

Florida
The Florida Governor signed a new E-Verify law. Beginning January 1, 2021, Florida public employers, private contractors, and subcontractors, must register with and use E-Verify to confirm work eligibility of new hires.
READ MORE

SUBSTANCE ABUSE TESTING

Arizona
A measure to legalize marijuana in Arizona officially qualified for the November General Election ballot as Prop. 207. Under the measure, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use. The initiative also contains several restorative justice provisions such as allowing individuals with prior marijuana convictions to petition the courts for expungement. We’ll keep an eye on this one and report back to you after the elections.
READ MORE

Substance Abuse Trends Reported by Quest Diagnostics
U.S. General Workforce drug positivity hits 16-Year High in 2019. Quest Diagnostics—a trusted A-Check drug screening partner and leading provider of diagnostic services—recently released their Drug Testing Index™ analysis of more than nine million workplace drug test results. As Quest Diagnostics reports, even prior to COVID-19, workplace drug positivity rates were trending in the wrong direction. Now, with many Americans under higher stress levels as they continue to juggle remote work schedules, childcare and homeschool responsibilities, and even frustration from ongoing social isolation, it stands to reason that there may have been negative impact on general health and well-being during these recent months.
READ MORE

AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.

BAN THE BOX AND CRIMINAL HISTORY DISCLOSURE

Hawaii
Effective September 15, 2020, Hawaii amends its Ban the Box law to fortify protections for individuals with old and/or relatively minor conviction records. The law prevents most private sector employers from considering felony convictions older than seven years, and misdemeanor convictions older than five years. However, an employer making employment decisions may inquire about and consider an individual’s criminal conviction record, provided the conviction in question has a logical relationship to the position’s duties.
READ MORE

North Carolina
State jobs will be more open to people with criminal records, due to a new executive order signed by Democratic Gov. Roy Cooper. Starting in November, 2020, the state will no longer ask prospective job applicants to check a box saying whether they have a criminal record. This law will apply only to state government jobs, not private companies or local governments. The elimination of that question on job applications has been a longtime goal of Ban the Box supporters in North Carolina.
READ MORE

SALARY HISTORY

Maryland
Maryland prohibits employers from relying on job applicants’ prior pay. The new salary history ban and wage range notice requirement takes effect October 1, 2020. This new law will 1) prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances; and 2) require an employer to provide an applicant, upon request, with the wage range for the job applied for. The new law amends Maryland’s existing Equal Pay for Equal Work (EWEW) law, and will apply to all private, state, and local government employers in Maryland.
READ MORE

A Look at Salary History Bans Already in Place
State and local governments are increasingly adopting legislation to prohibit employers from requesting salary history from job applicants. For your reference, here’s a great running list of states and localities that have legislation in place.
READ MORE

COVID-19

Updated COVID-19 Guidance from the EEOC
The EEOC recently updated guidance on the Americans with Disabilities Act (ADA) and the Coronavirus pandemic. This new information expands their prior guidance on how the ADA applies to the current pandemic. In a question and answer form, this guidance covers a number of important issues surrounding COVID-19 and the workplace, including: the right for an employer to ask employees entering the office if they have COVID-19 symptoms, the right for an employer to report employees with COVID-19 or associated symptoms to appropriate personnel, the right for an employer to require a temperature check, and much more.
READ MORE

Questions? We’re here to help!