Compliance Clips for January 2023

CONSUMER REPORTING AND EMPLOYER COMPLIANCE INFORMATION

New York City Pay Transparency
Hey NYC, you’re on the way! Within weeks of the city’s pay transparency law going into effect, a recent report found that 60% of job listings in New York City now included employer-provided salaries. This is a big step toward closing pay gaps and disparity between job applicants. Now, with January 1, 2023 behind us, California- and Washington-based companies with 15 or more employees must disclose salary ranges for their open positions, and Washington employers are also now required to provide details on benefits or additional compensation.
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Diversity and Inclusion
Here’s a very interesting read about proactive leaders who are choosing Diversity Audits to uncover hidden biases that may be limiting their ability to hire and retain top talent. This isn’t necessarily a compliance requirement, but an intriguing reminder that your job candidates can construct an impression of what your company might be like to work at before even interviewing or visiting your office. There are hundreds of online data points that paint a picture, from a Google search, company reviews, and even language used on your career page. As the hiring landscape quickly changes, many companies are holding up mirrors to get a better look at how they present themselves.
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I-9 INFORMATION

Document Review Flexibility
We know we sound like a broken record, but yes, another extension has been implemented for document review flexibility. The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended until July 31, 2023, the in-person Form I-9 compliance flexibility. 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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I-9 and E-Verify Updates
Here are five I-9 and E-Verify updates from 2022 that employers should know about as we move further into the new year. For 2023, compliance changes may potentially include a streamlined one-page Form I-9, new remote document review rules, and likely increased ICE I-9 audits. Employers: the takeaway here is to conduct regular internal audits of your I-9s as soon as possible with the help of immigration counsel. Additionally, plan to conduct I-9 training for employees who help ensure I-9s are filled out correctly.
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SUBSTANCE ABUSE TESTING

Nationwide
To test or not to test? Marijuana legalization efforts may lead employers to question whether or not they’re required to test for marijuana. Here at A-Check Global, we’re here to help you determine what type of drug testing policy may be best for your business goals. While federal contractors and businesses that employ certain regulated professionals in safety-sensitive positions are required to test workers for marijuana, other sectors must navigate a maze of jurisdiction regulations. That said, legalization legislation generally permits employers to maintain policies prohibiting substance use and impairment while on the job. Proving an employee is “under the influence” is quickly becoming a key element of most drug testing policies and has resulted in increasing workplace policies designed to protect employees and companies when there is reasonable suspicion an employee is under the influence while working.
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Nationwide
As blanket pardons for low-level marijuana offenses gain momentum, be sure to review your policies on criminal record reporting, especially records that have been sealed, expunged, or pardoned. On October 6, 2022, President Biden issued a blanket pardon to all citizens and lawful permanent residents convicted of simple possession of marijuana under the federal Controlled Substances Act. President Biden has urged governors to follow suit, and some states have begun to explore the idea of pardoning non-violent marijuana crimes. Many states and cities already have significant Ban the Box laws in place to protect job applicants, and many states limit an employer’s ability to make decisions or even inquire about offenses that have been sealed, expunged, or pardoned, even if they appear on a third-party background check. At A-Check Global, we’re here to help, but also recommend that you consult with counsel to determine whether existing background screening policies need to be updated or modified.
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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.

BAN THE BOX

Connecticut
On January 1, 2023, a new Connecticut law went into effect—The Clean Slate Law—further prohibiting employers from discriminating against individuals based on an individual’s erased criminal history information. In addition to being barred from discriminating with respect to erased criminal records, the law expressly prohibits employers from discriminating against individuals in compensation or in the terms, conditions, or privileges of employment based on an individual’s erased criminal history information.
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CONSUMER PRIVACY AND DATA PROTECTION

Nationwide
Twenty-eight states introduced a total of 54 Consumer Data Privacy bills in 2022. This quick look shows what’s now in place and what privacy legislation is coming in 2023. Much of this upcoming legislation includes important consumer data protection including the right to access, correct, delete, and export covered data, and to opt out of certain transfers of covered data. And it stands to reason that with the prospect of a federal consumer data privacy law lagging, 2023 may show effort in this area by state legislatures and state and federal regulators. Again, we recommend that you speak with counsel to help ensure your company is in compliance with data security guidelines currently in place.
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Questions? We’re here to help!

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