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.
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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.
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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
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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.
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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.
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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.
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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.
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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.”
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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.
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 Questions? We’re here to help!

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