CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION

California
Effective January 1, 2023, new legislation will require California companies with 15 or more employees to post salaries for job listings. It is reported that this new law will help reduce the wage gap and systemic inequities by requiring the disclosure of salary ranges for all job postings. This new law will impose penalties on employers failing to report pay scales to the state.

Pay transparency, although an added responsibility for HR professionals and organizations to manage, is gaining momentum. California will join legislation already effective in New York City, Colorado, Connecticut, Maryland, Nevada, Rhode Island, and Washington.
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Nationwide
In related salary news, 21 states (and growing) have restricted an employer’s ability to inquire about an applicant’s salary history, along with 21 other localities. However, laws do vary in their degree of restriction. For example, some only restrict employers from asking about an applicant’s salary history, while others apply to both applicants and existing employees. Additionally, some laws allow employers to discuss salary expectations, while others prohibit employers from searching online for salary histories. As you might expect, we suggest that as legislation on the subject evolves, employers will want to consult with legal counsel for guidance in hiring policy and compliance on state and local law.
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I-9

Document Review Flexibility
And yes, yet another extension to share with you. The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have announced another extension—until July 31, 2023—for in-person Form I-9 compliance flexibility. As mentioned before, this flexibility allows employers whose workforce is working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act. While DHS may be considering more permanent changes to the remoted examination of documents, for now, this flexibility is still described as temporary.
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SUBSTANCE ABUSE TESTING

Nationwide
Voters approved recreational marijuana in Maryland and Missouri, bringing the total to 21 states with recreational marijuana use approval. Arkansas and North Dakota voters rejected legalization proposals in Tuesday’s election. This voter approval signals growing support for legalization, even in conservative potions of the country.
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California
California Assembly Bill (AB) 2188 (which will take effect on January 1, 2024) makes discrimination against off the job cannabis use unlawful, but does not preempt drug testing for preemployment. The bill makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based upon: (1) a person’s use of cannabis off the job and away from the workplace, except for preemployment drug screenings, or (2) an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites upon testing. Employers: please note that the bill does not permit an employee to possess, be impaired, or use cannabis on the job, nor does it affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace.
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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.

CONSUMER PRIVACY AND DATA PROTECTION

California
Coming soon: California’s Privacy Rights Act (CPRA) goes into effect on January 1, 2023. While existing law already stands in California—the California Consumer Privacy Act (CCPA)—many new amendments will help bring privacy standards in CA more in alignment with regulations many companies are already familiar with from GDPR.

This quick guide will help companies prepare for CPRA compliance next year. This guide covers important changes such as rights granted to data subjects (consumers), including expanded rights for data deletion extended to third-parties, the opportunity for subjects to correct inaccuracies, the opportunity to object to sharing data for advertising purposes, objection against data processors using AI for decision-making purposes, and more.
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Questions? We’re here to help!