Compliance Clip January 2020

EMPLOYER COMPLIANCE

EEOC Consent Decree over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

Employers are well advised to consider evaluating their use of criminal history information and any other background check information to ensure compliance with the FCRA, similar state fair credit reporting statutes and substantive employment laws. READ MORE

 SUBSTANCE ABUSE TESTING

FMCSA Raises Random Drug Testing Rate to 50% For 2020
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the average number of driver positions. The minimum annual percentage rate for random alcohol testing will remain at 10%. 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 LAW

NYC Fair Chance Act Restricts Employers’ Consideration of Criminal Background
The New York City Fair Chance Act (FCA) places significant obligations and restrictions on employers that consider criminal histories in the hiring process. Employers that fail to follow any of the multiple steps required by the FCA risk significant damages under the New York City Human Rights Law. READ MORE

New Federal Fair Chance Act Applies to Federal Contractors and Agencies
On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”).  The Act prohibits federal contractors that have openings for positions within the scope of federal contracts, as well as all federal agencies, from inquiring about or seeking criminal history information from an applicant until after a conditional job offer has been extended. READ MORE

DATA PRIVACY

Data Privacy Draws Increased Scrutiny from Insurance Regulators
Data privacy has become an increasing area of focus for many insurance technology clients as they work to ensure they are in compliance with the EU General Data Protection Regulation and the California Consumer Privacy Act, which will go into effect on January 1, 2020. Although many insurance technologies are exempt from most of the provisions in the CCPA, they should still expect increased data privacy regulation to be coming down the road as many insurance regulators are concerned that their current data privacy laws are not equipped to adequately address the increasing size, complexity and scope of the data used in the insurance industry. READ MORE

REMINDER

The following is a list of legislation that went into effect January 1, 2020:

  • The California Consumer Privacy Act – gives consumers nationwide more control over personal information that companies collect and sometimes share with other companies. READ MORE
  • The Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) legalizes recreational cannabis for Illinois adults. READ MORE
  • New Jersey’s Salary History Ban – employers are no longer allowed to ask prospective employees about their salary history. READ MORE
  • 21 states raised their minimum wage. See the full list here.

 Questions? We’re here to help!

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