Compliance Clips for September 2020

CONSUMER REPORTING

FCRA Class Action Activity
With nearly 5,000 FCRA cases filed in 2019, it’s no wonder everyone at A-Check Global is so committed to compliance. Case law decisions surrounding the Fair Credit Reporting Act (FCRA) continue to spotlight the critical need for compliance in background screening. Let’s use ongoing class action suits as an opportunity to see activity trends and best practice suggestions that can help your company remain compliant.
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I-9 COMPLIANCE

A Further Extension: Form I-9 and Requirements in Light of 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 30 days; the expiration date for these accommodations is now September 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.
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I-9 Compliance Advice for Employers
And while we’re on the subject of I-9, we think there’s always time for a useful Top 10 list. Here’s a quick look at best practices for how to stay compliant with I-9 regulations.
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SUBSTANCE ABUSE TESTING

Marijuana Legalization in November Elections
Along with all the other upcoming election activity, here’s a quick read on states voting on marijuana legalization in November: New Jersey, Mississippi, and South Dakota. Additional states—Arizona, Montana, Nebraska, and Oklahoma—are all working toward ballot measures for the upcoming November election.
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New York
New York continues to lead the way with employee-friendly laws, regulations, and court rulings, including their approach to marijuana in the workplace. Employers should proceed with caution when terminating an employee who fails a drug test for marijuana. A New York employer was recently sued for discharging an employee for a positive marijuana test. They were sued for disability discrimination based on the employee disability and failure to accommodate a disability.
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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

Boston University
A new player in the Ban-the-Box movement: Boston University is hoping to diversify its applicant pool by no longer requiring disclosure of criminal history on grad school applications. Recent research has highlighted that knowing applicant criminal history doesn’t help predict or reduce crime on campuses, and additionally, can have the negative effect of discrimination against people with criminal records.
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Montgomery County, MD
A new bill is being introduced in Montgomery County, MD, to expand the scope of a Ban the Box law already in place, and would prohibit criminal background checks on job applicants until after a conditional job offer has been made. If passed, it would also apply to businesses with fewer than 15 employees. Further discussion planned for September 15.
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Pennsylvania
Pennsylvania’s Senate Bill 637 was recently signed, removing some job licensing barriers to Pennsylvania workers with a criminal record. It is reported that one in five Pennsylvanians needs an occupational license to work. Boards and commissions are now not allowed to deny someone employment based on their criminal history unless their prior offenses are related to that particular line of work. Additionally, if boards and commissions do have stipulations about granting a job license to someone based on certain prior criminal offenses, that information will have to be publically available. However, sexual offenders will still not be permitted to work as healthcare providers.
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FDIC Restrictions Loosened
The FDIC has loosened a number of restrictions that previously prohibited the hiring of bank personnel with criminal histories. The Federal Deposit Insurance Corporation (FDIC) published a final rule regarding Section 19 of the Federal Deposit Insurance Act, which restricts hiring at FDIC-insured depository institutions. Changes include the narrowing scope of crimes subject to Section 19 and the circumstances under which the FDIC’s written consent is required for a financial institution to make a hiring decision. This will allow more applicants to obtain work at FDIC member banks without having to go through the Section 19 application process.
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SALARY HISTORY

Philadelphia
Starting September 1, 2020, Philadelphia employers will no longer be able to ask job applicants about their salary history, or require job applicants to disclose their salary history during the application process. Applicants may choose to disclose their wage history voluntarily, but an employer cannot use that information in setting initial wages. Likewise, Philadelphia employers may not retaliate against applicants who refuse to disclose their wage history.
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