Michigan Ruling: Redaction of PII Expected, Beginning July 1, 2021

The state of Michigan has enacted legislation to further strengthen the security of Personal Identifiable Information (PII) by allowing the redaction of certain identifiers used as ID confirmation during court case research. Effective July 1, 2021, PII impacted (as defined in MCR 1.109(G)(9) and MCR 8.119(I)) throughout all Michigan counties may include:

DOB
SSN
Driver’s License
Passport Numbers

How does this impact A-Check criminal record searches in Michigan?

A-Check has not changed our standard processes for criminal record searches. Prior to presenting permissible results to our clients, we still require 3 identifiers to authenticate the identity of search information. At this time however, we can predict that court researchers in Michigan will have limited ability to confirm redacted information.

While this ruling may be subject to discussion, delay, or revision, we do know that a number of Michigan counties have already begun to remove identifiers prior to July 1, 2021. That said, A-Check will continue to serve our clients to the best of our ability. In speaking with Michigan courts, many clerks have mentioned that providing assistance in some capacity and wherever county process allows will continue.

We’ll keep a close eye on this ruling and will continue to report any developments as we near the July 1, 2021 effective date. We’re here to help answer any questions you may have.

Compliance Clips for April 2021

CONSUMER REPORTING

California
Compliance is critical! A recent ruling approved a $175,000 class action settlement regarding alleged violation of the FCRA’s stand-alone disclosure requirement when requesting employment background screening. Let’s work together to minimize your litigation risk.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking 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, remote I-9 document review has been extended; the expiration date for these accommodations is now MAY 31, 2021.

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.
READ MORE

BAN THE BOX

California
The California Department of Fair Employment and Housing (DFEH) is increasing efforts to enforce compliance with Fair Chance protections against criminal record discrimination. Employers with operations in California should stay focused on compliance with protections against criminal record discrimination. These guidelines include eliminating conviction history questions on employment applications, as well as prohibiting consideration of conviction history before a conditional offer of employment. While A-Check recommends you consult with your company’s legal counsel, we are here to help answer compliance questions you may have.
READ MORE

SUBSTANCE ABUSE TESTING

New Jersey
Marijuana is now officially legal in New Jersey. Gov. Phil Murphy signed three bills into law that make adult use of marijuana officially legal, and decriminalize small amounts of marijuana possession in New Jersey. New Jersey becomes the 13th state in the nation to legalize marijuana. The bills will limit the use of previous marijuana convictions and help to create a carefully regulated cannabis marketplace, giving the state an economic boost.
READ MORE

New York
New York State legalizes recreational adult use of marijuana. On March 31, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act. The Act is not intended to limit authority of employers from enforcing workplace drug policies.
READ MORE

Nationwide Cannabis Bills in 2021
It bears repeating that there are currently more than a dozen state legislatures considering bills this year for medical and/or adult-use cannabis legalization. This site gives a rundown of continued progress toward state-level marijuana reform for 2021. At A-Check, we’re keeping a close eye on these developments and will continue to report.

Adult-Use Legalization Efforts:
Connecticut, Florida, Maryland, Minnesota, New Mexico, North Dakota, Texas and Virginia
Medical Legalization Efforts:
Alabama, Kansas, Kentucky, Nebraska, and Tennessee
Both Medical and Adult-Use Legalization Efforts:
Indiana, South Carolina
READ MORE

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.

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Minnesota
Minnesota is the latest state to introduce legislation toward a comprehensive consumer data privacy law. On February 22, the “Minnesota Consumer Data Privacy Act” was introduced as HF 1492, and is expected to be signed into law. If passed, the MCDPA will govern the processing of consumer personal information, and will provide a number of consumer privacy rights, including the right to verify, correct, delete, access, and opt out of processing personal data. It will also set company requirements for data protection and consumer privacy notices.
READ MORE

Virginia
On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (CDPA), the second comprehensive state data privacy law in the United States after the California Consumer Privacy Act of 2018 (CCPA). The law will go into effect on January 1, 2023. As anticipated, it governs companies who collect and control consumer personal data, obligating them to have security measures and accountability in place to protect and safeguard the data.
READ MORE

Florida
With the introduction of HB 969, Florida’s House is moving forward with major consumer data privacy legislation to address consumer rights, the protection of personal information, business online privacy policy, and more. Consumer rights will include access to their personal data, the ability to request deletion of data, and opt out of personal data sharing or selling.
READ MORE

Illinois
Yes, data protection is important—as illustrated in a recent ruling that Facebook pay a $650 million settlement for violating Illinois consumer privacy. This case involved a claim that the tech giant illegally collected biometric data.
READ MORE

Nationwide
U.S. consumer data privacy legislation could be on the way. The Information Transparency and Personal Data Control Act was introduced to represent a uniform policy of regulations to help protect personal information from misuse. The bill aims to give consumers control over how businesses are sharing or selling their personal information, along with additional consumer rights regarding personal data.
READ MORE

Questions? We’re here to help!

A-Check Certified Integration with Oracle Recruiting

An Applicant Tracking System (ATS) integration is like having the best of both worlds. Your recruiting workflow is handled within the system you already know and use every day, and business partners like A-Check can seamlessly provide time-saving benefits (like background screening services) to help make your life just a bit easier.

A-Check Global works with many industry leading ATS vendors to integrate comprehensive background check and drug screening into the onboarding workflow—further improving the experience for employers and candidates:

  • Secure connectivity
  • Faster onboarding efficiency
  • Improved data accuracy and security
  • Compliance focused service

Oracle Recruiting Integration: Now Available within the Oracle Cloud Marketplace

A-Check is proud to share that as a Certified Oracle Gold Partner, we’re now also a Certified Integration with Oracle Recruiting, available within the Oracle Cloud Marketplace. This newest integration provides an additional resource to help organizations make informed employment decisions with greater accuracy, quicker turnaround, and within the convenience of the Oracle Recruiting talent management workflow.

A-Check Global background screening integration with Oracle Recruiting automates a critical step in the hiring process, giving hiring managers the ability to quickly request customizable background screening on candidates, receive updates throughout the workflow, and gain secure access to final reports through the Oracle Recruiting integration.

Here to Serve You through Oracle Recruiting . . . and Many Others. Keep in mind that we have also have Certified Integrations with:

And, our development experts have worked directly with clients to implement integrated solutions with many other leading ATS partners. Let us know how we can help you further improve your onboarding efficiency at your organization. We’re here to help!

Compliance Clips for March 2021

CONSUMER REPORTING

Philadelphia
Effective February 20, 2021, Philadelphia has expanded legislation to prohibit covered employers from using an applicant’s credit-related information in connection with employment decisions or considerations. The amendment expands the scope of covered employers to include financial institutions and law enforcement agencies operating in Philadelphia, which were previously exempt from the law’s requirements. Once in effect, law enforcement agencies and financial institutions (such as banks, insurance companies, and brokerage firms) may not rely, in whole or in part, on credit-related information to take adverse employment action related to job applicants or employees, unless exceptions apply (obtained under federal or state law, for example).
READ MORE

Nationwide
There’s no question, Fair Credit Reporting Act (FCRA) case filings continue to increase year over year. Here’s a link to 10 FCRA case decisions from 2020 that all clearly illustrate the importance of accuracy, disclosure, and compliance with credit reporting laws. Take a read and then let A-Check know if you have any questions about your background screening program.
READ MORE

A Friendly Reminder about FCRA Requirements
As you’re well aware, when an employer uses a third party (like A-Check) to conduct background checks, there are FCRA compliance requirements that must be followed. For your convenience, here’s a very quick checklist of key requirements:

  • Ensure there is a permissible purpose for performing a background check on an applicant/employee, based on their role and responsibilities.
  • Provide clear written notice in a stand-alone document to the applicant/employee that a background check will be conducted, and the resulting information will be used to make an employment decision.
  • Obtain the applicant/employee’s written consent to perform a background check and/or investigative report.
  • If the background check information results in an adverse action decision, a notice of pre-adverse action, along with a copy of the background check results and a copy of the Summary of Your Rights Under the Fair Credit Reporting Act, must be presented to the individual.
  • Allow the individual at least five business days to dispute the information in the background check
  • Upon a final decision, and if adverse action is taken, provide the individual with a final notice of adverse action.

We’re focused on helping you remain compliant, and always welcome your questions.

I-9 AND E-VERIFY

Ongoing Extension: Form I-9 Requirements in response to COVID-19
The in-person requirement for the Form I-9 is temporarily suspended if your company is taking 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, remote I-9 document review has been extended; the expiration date for these accommodations is now MARCH 31, 2021.

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.
READ MORE

SUBSTANCE ABUSE TESTING

Nationwide Cannabis Bills in 2021
After the 2020 election where we saw five states pass marijuana legalization measures, now more than a dozen state legislatures are considering bills this year for medical and/or adult-use cannabis legalization.
Adult-Use Legalization Efforts:
Connecticut, Florida, Maryland, Minnesota, New Mexico, New York, North Dakota, Texas and Virginia
Medical Legalization Efforts:
Alabama, Kansas, Kentucky, Nebraska, and Tennessee
Both Medical and Adult-Use Legalization Efforts:
Indiana, South Carolina
READ MORE

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

Illinois
Illinois is one of several states that have passed a Ban the Box law—called the Job Opportunities for Qualified Applicants Act—which prohibits most employers from asking about criminal history until the later stages of the application process. Under the law, employers may not ask about or consider an applicant’s criminal history until they have 1) determined the applicant to be qualified for the position, and 2) notified the applicant of being selected for an interview, or if there is no interview, extended a conditional job offer to the applicant.
READ MORE

COVID-19

COVID-19 Rapid Infection At-Home Collection
Although Coronavirus (COVID-19) has dramatically impacted the business landscape worldwide, it is also encouraging to now see employers focused on safely and gradually welcoming their workforces back to the office. Depending on your company’s return to office policies, requiring employees to test negative for COVID-19 prior to an office return may be a viable complement to office cleaning and sanitation practices. We want to quickly let you know that A-Check is here to help by providing COVID-19 testing and surveillance solutions through A-Check’s medical partner networks. Through A-Check’s partnership with Quest Diagnostics, we offer an at-home collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

DATA PRIVACY

Washington State
An updated Washington state privacy act, SB 5062, was re-introduced in early January with revisions to consumer rights regarding their personal data, controller responsibility, and more. The bill will apply to companies conducting business or offering products and services to Washington consumers, controlling or processing data for 100,000+ consumers, and adds nonprofit corporations, air carriers, and higher learning institutions to the list.
READ MORE

Oklahoma
In legislation news we’re watching: Oklahoma joins numerous other states in proposing consumer data privacy legislation. The Oklahoma Computer Data Privacy Act (OCDPA), House Bill 1602, was filed in January for review and commentary. If passed, the OCDPA would require that certain companies obtain prior consent before collecting and selling consumer data. The bill also gives Oklahoma residents a mechanism for requesting that businesses disclose what information they have about them, as well as the right to request deletion of that information. The bill also provides a private right of action for Oklahoma residents for which residents may seek injunctive relief, actual damages, and statutory damages up to $7,500 for intentional violations.
READ MORE

Virginia
Virginia House of Delegates voted 89-9 to pass a privacy bill, potentially making Virginia the next state behind California to enact a comprehensive data privacy law similar to the California Consumer Privacy Act (CCPA). Now, going one step further, Virginia’s Consumer Data Protection Act (CDPA) is now expected to be signed into law by Governor Ralph Northam, and would take effect on January 1, 2023. Companies already complying with the CCPA have a head start on their compliance efforts but will need to plan privacy compliance program adjustments to be fully prepared for the CDPA, including consumer rights regarding personal data, controller responsibility, and more.
READ MORE

California
Yes, the CPRA deferred some of the CCPA’s employee-related requirements until Jan. 1, 2023. That said, employers are still required to provide employees with notice prior to collection of personal data. Since January 1, 2020, a notice at collection, which must be provided “at or before the point at which” the collection of information occurs, including: a list of personal information categories collected, permissible purpose, how to opt out, and how to find and view a company’s privacy notice.
READ MORE

Questions? We’re here to help!

Five Questions to Ask when Selecting a Background Screening Partner

Do they understand your business?

Your organization is unique, these times are unique, and what may have worked for you a year or two ago may not necessarily present a clear picture of what will continue to work as your company evolves. The same applies to the relationship between you and your background screening partner. It should be an ongoing discussion of your specific hiring needs and how your industry impacts your background screening program.

Any reputable background screening provider can provide a service. Taking it to the next level means partnering with a vendor that’s familiar with serving your industry. For example, the healthcare industry may require regulated occupational health screening services, or perhaps screening programs for volunteer or other non-personnel positions, while the transportation industry will require motor vehicle record services that require quick and convenient bulk uploads and periodic checks for their staff.

Of course, the screening services you order may change over time as your needs of your company and your industry change. It’s not a static process. Your screening company should always be available to discuss your specific needs, and should be flexible enough to make recommendations and adjustments for ongoing focus on your business success.

At A-Check Global, it’s exactly why we enjoy holding business reviews with clients. They are valuable opportunities to discuss specific goals together while also looking at real-world data to make informed and compliant decisions as a team.

Are they focused on compliance?

It’s no secret that class action attorneys, year after year, continue to pursue employers and Consumer Reporting Agencies that are not in strict compliance with FCRA requirements.

That’s where the confusion can start. While there may be a belief that the background screening vendor is solely responsible for the compliance of the entire screening process, the reality is that it’s a shared responsibility between those that request consumer reports (a client end user) and those that compile the consumer report (A Consumer Reporting Agency like A-Check).

Language within important disclosure and authorization documents presented to job applicants can change over time, and state-by-state requirements can be cumbersome to understand and put in practice. It’s more important than ever before that your background screening partner has advanced experience with ensuring customers have what they need to remain compliant.

Are they Professional Background Screening Association (PBSA) Certified?

As you may already know, the Professional Background Screening Association (PBSA) “exists to advance excellence in the screening profession.” The PBSA was founded in 2003 as a non-profit association representing, guiding, and promoting ethics and performance standards of companies offering employment background screening services. PBSA Member companies—like A-Check Global—are defined as “consumer reporting agencies” and governed by Fair Credit Reporting Act (FCRA) legislation.

As an active and founding member of the PBSA, we’ve been honored to work alongside this important industry association since its founding, and have been honored to achieve accreditation as, not just a business milestone, but also as valuable recognition of our ongoing commitment to maintaining the highest levels of both professional standards and customer service.

Keep in mind, PBSA membership does not result in an automatic Background Screening Agency Accreditation (BSAAP). In fact, the BSAAP is governed by a strict professional standard of specified requirements and measurements, and recognized widely as a critical seal of approval.

For our clients, this accreditation is an important element of the trust they put in us to provide quality, consistent, and compliant service. It’s definitely peace of mind knowing your screening partner has demonstrated a service commitment and a complex understanding of the background screening industry.

Are you still trying to get an answer to your question?

Customer service is probably among the top two or three pain points for most HR professionals. Well, actually, most people, even in their day to day lives. Chances are, we all have shared experiences of endless phone menus, unanswered messages, or worse, the hand-off to yet another live person who doesn’t know you, your account, or the answer to your question.

We don’t have to get too detailed here, because we all have a good idea of what it takes to provide excellent customer service, and how horrible it can be to receive unsatisfactory service from a business partner.

Simply put, your background screening partner should 1) have a dedicated customer support team who knows you and your account, 2) have secure account and information access across your support team so anyone can effectively and accurately answer your questions, 3) have notes and system alerts to help keep you updated on your background screens, and 4) maintain extended hours to serve when it’s convenient for you.

Have they invested in the customer AND candidate experience?

Your background screening partner should be taking advantage of HR technology to provide convenience, connectivity, and automation wherever possible. Their system should have the ability to integrate background screening processes into your current Applicant Tracking System (ATS)—meaning you can easily request a background screen and have secure access to the final report, all originating from the system you’re already using.

And likewise, your job applicants should have access to a straightforward, mobile-friendly application when asked to authorize and provide further information for the background screening process, or to self-schedule drug screens.

How can we help you?

That was only five questions. If you’re looking for a background screening partner, chances are you have many more to ask. We’d be honored to introduce you to A-Check Global.