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Compliance Clip December 2019

EMPLOYER COMPLIANCE

SSA No-Match Letters and Employer Obligations

The Social Security Administration (SSA) has drastically increased its issuance of Employer Correction Request (EDCOR) Notices, or “no-match” letters. No-match letters are sent when the SSA discovers a mismatch between information provided by employers for wage reporting purposes and SSA’s records. These no-match letters advise employers that corrections are needed in order for SSA to properly post employees’ earnings to the correct Social Security record.
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SUBSTANCE ABUSE TESTING

House Judiciary Committee Moves to Federally Legalize Cannabis
On November 20, 2019, the House Judiciary Committee approved a bill that would decriminalize cannabis on a nationwide scale. The Marijuana Opportunity, Reinvestment and Expungement Act of 2019 – or MORE Act – passed with what some are calling a landslide vote of 24-10. This vote marks the first time in history a congressional committee has affirmatively approved to end federal cannabis prohibition.
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Pennsylvania: Medical Marijuana Lawsuit May Someday Provide Guidance to Employers
Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting Pennsylvania’s medical marijuana law with regard to employment. This is why a recently filed Pennsylvania lawsuit in October 2019, could have a far-reaching impact on employers.
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Illinois: Amendments to Recreational Cannabis Law Would Help Reduce Employer Liability
The Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis for Illinois adults starting January 1, 2020. With the deadline approaching, Illinois business community representatives raised numerous concerns with lawmakers. The Illinois Chamber of Commerce proposed revising the Act to clarify permissible drug testing and to limit possible causes of action against employers. Both Houses have passed SB 1557, a bill which amends and clarifies many portions of the cannabis-related laws.
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Michigan: Recreational Marijuana Use Now Legal
Michigan, where voters backed legalization in 2018, allowed stores to start selling weed to recreational users on Sunday. Michigan officials issued 18 licenses, including to growers and processors, for the first day of sales, and let stores shift some of their medical marijuana supply to recreational—at least until more recreational businesses are up and running in January.
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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.

SALARY HISTORY BAN

Year-End Reminder: New Jersey’s Salary History Ban Takes Effect January 1, 2020
In just a few short weeks, New Jersey employers will no longer be allowed to ask prospective employees about their salary history during the application or interview process or rely upon salary history in setting compensation.
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BAN THE BOX LAW

Ban the Box Laws Finding Inroads in Red States, Too
A pending vote in St. Louis to ban questions about criminal records at the start of the hiring process signals a larger shift on criminal justice reforms in red states.

St. Louis is at least the third city in a conservative state to consider such a measure this year, following new laws in Columbia, S.C., and Waterloo, Iowa, that have removed the question of criminal history from job applications. At a time when state and local legislative trends seem to more closely adhere to a political ideology—such as with paid leave or equal pay laws—Ban the Box laws bridge the political gap. READ MORE

DATA PRIVACY

New State Bills Inspired by the California Consumer Privacy Act May Re-appear Next Year
The California Consumer Privacy Act (CCPA) inspired legislators in several other states to attempt to pass similar legislation aimed at protecting the privacy rights of consumers. As the legislative calendars for most of those states have wound to a close before the recent election, this Alert reviews those bills as a preview to what we should expect in the next legislative session, particularly as several states will be returning a more progressive assembly.
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 Questions? We’re here to help!

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Thanksgiving Holiday Hours

Thanksgiving 2019 w logo.png

We would like to extend our warmest wishes for a healthy and happy Thanksgiving. Thank you for the continued opportunity to serve your background and drug screening needs.

Please make note of our hours of operation during the Holiday:

  • Wednesday, November 27: 6:00 am to 3:00 pm
  • Thursday, November 28: Closed in observance of Thanksgiving
  • Friday, November 29: Closed for system maintenance

Drug collection facilities may also have adjusted hours during this time. Applicants should contact their facility to confirm collection hours prior to visiting on these dates.

A-Check Global will return to full business operations beginning Monday, December 2.

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A-Check Global and the California Consumer Privacy Act (CCPA)

Chances are you’re considering the California Consumer Privacy Act and its impact on not only your organization but also on policies and processes of your business partners. Rest assured—as you’ll read below—A-Check (as a consumer reporting agency) is committed to data protection and already complies with the majority of California resident rights under CCPA legislation.

Here’s a very quick, high-level summary. The CCPA provides:

  1. Rights to California Residents when it comes to the buying and selling of their personal information, including notices, right to delete, right to access, etc.
  2. Requirements for businesses that meet the definition of a “Business” in civil code 1798.140 (exceeding $25M in revenue and/or collecting personal information of more than 50,000 people) – requirements include Data Security, Breach Notification, and administration of the rights of residents of CA (explained above).

However, the CPPA also includes exceptions for both employers and consumer reporting agencies reducing the responsibilities of each entity:

1798.145 – Interaction with other statutes, rights, and obligations

(d) This title shall not apply to the sale of personal information to or from a consumer reporting agency if that information is to be reported in, or used to generate, a consumer report as defined by subdivision (d) of Section 1681a of Title 15 of the United States Code, and use of that information is limited by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).

Exceptions Explained:

The exceptions for employers and CRAs exclude these two entities from administering an applicant’s rights e.g., deletion of data. However both are still required to comply with the Data Security and Breach notification requirements.

However, as a CRA, A-Check Global already complies with the majority of California Resident Rights under the CPPA legislation:

  • A-Check staffs a dedicated Compliance Team that handles all consumer requests for corrections, copies, full file disclosures, and requests for deletion of personal information*
  • A-Check posts a detailed Privacy Policy and links are posted in all A-Check consumer communications
    A-Check’s Data Security Strategy includes a robust Information Security Policy based on the NIST Framework and a Data Security Team comprised of members of A-Check’s Staff – Executive Management, Compliance, Marketing, Development, and Infrastructure that meet bimonthly
  • A-Check requires a contract and data security assessment with all vendors that A-Check shares PII Information with
  • The new CCPA calls for an opt out button for consumers to opt out of having their information sold, however A-Check does not sell personal data for any reason, therefore the button is not necessary to our process
  • A-Check’s systems do not discriminate between applicants utilizing the system – no preferential treatment whatsoever
  • A-Check can only process a background check on a person under the age of 18 with consent from a guardian

*A-Check is required by the ICRAA to archive all information utilized to produce a consumer report for a period of 2 years, therefore we will not be able to immediately honor requests for deletion from consumers.

What is required of clients:

  • Compliance with Notice requirement 1798.100 of the legislation and Disclosure requirement 1798.110 of the legislation; and
  • Compliance with all Data Security and Breach Notification of the law

We’re here to help!

877.345.2021 | support@acheckglobal.com

IMPORTANT NOTICE: Upcoming A-Check System Maintenance & Down Time

A-Check will be performing a significant, scheduled maintenance to all A-Check systems between Thursday, November 28 – Sunday, December 1, 2019. Please make a note, as throughout this down time, there will be no (or limited) access to the following A-Check systems:

  • A-Check Direct (ACD)
  • ATS Integrations
  • My A-Check (Candidate Portal)

Please note: As needed, we will be happy to work with you to extend the dates of “my A-Check” candidate invitations expiring during system maintenance.

As always, we value your business and sincerely thank you for your patience during this important system maintenance. If you have any questions prior to this upcoming maintenance window, please don’t hesitate to contact us.

We’re here to help!

877.345.2021 | support@acheckglobal.com

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HR in a Gig Economy

gig economy

As an HR professional, it’s increasingly likely that you’ll be tasked with evolving your workforce to accommodate the gig economy . . . that is, if you aren’t already doing so within your organization. The gig economy is here to stay, and although there are challenges when employing contractors and freelancers, there are also a lot of advantages.

At A-Check, we also keep a close eye on the evolution of the gig economy, and recently found a quick read by Forbes Council Member Paul Phillips discussing the role of HR in this ever-changing workforce landscape:

Speed
Ensure your recruiting is moving at the same pace as your top talent. There’s no quicker way to get your next hire to look elsewhere than to subject them to a long drawn out employment process. The same goes for the speed and efficiency of your training/development once you make the hire.

Retention
It’s not just about making a great employee want to come back the next time they’re needed—it’s also about turning them into raving fans who share their experience with friends and family.

Change
You don’t have a choice. Business models are changing, and your HR policies need to position your organization as dynamic, agile, and a good target for top talent.

The full article can be found here.

We are here to help!
If you have questions about your current screening program, please don’t hesitate to reach out to us. Contact A-Check Global here to get started.