Compliance Clip October 2019

CONSUMER REPORTING

Conducting Background Checks on Current Employees
Most employers run background checks on prospective employees when hiring. Many employers have policies in place that allow them to conduct background checks on current employees. Your organization may choose to do so for reasons including belief of arrest, security threats, insurance confirmation, etc.
READ MORE

Electronic Acknowledgement of Arbitration Agreements
Do You Require Your Employees to Electronically Acknowledge Arbitration Agreements? Make Sure Your Process Is Effective. An automatic generation of acknowledgment to a provision available within the online employee handbook may not be enough, as affirmed by the Eighth Circuit Court of Appeals.
READ MORE

DRUG TESTING

The Illinois Cannabis Regulation and Tax Act (CRTA)
The so-called “Recreational Marijuana Law,” takes effect Jan. 1, 2020. Under the CRTA, Illinois residents 21 years of age and older will be able to possess 30 grams of marijuana flower and five grams of marijuana concentrate for their personal use.
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

Current Ban-the-Box Laws by State and Municipality
With Colorado among the most recent legislation enacted (September 1, 2019) at state and local levels to protect employment candidates convicted of a crime from automatic disqualification, we wanted to provide you with a good resource that provides an overview of all Ban-the-Box laws in effect.
READ MORE

SALARY HISTORY BAN

Illinois Salary History Ban
As a reminder, Illinois’ new wage history law is now in effect as of September 29, 2019, which bars employers from screening job candidates based on current or past wages. We mentioned this last month’s “Compliance Clips,” but here’s another close look at this legislation.
READ MORE

New Jersey Salary History Ban
New Jersey recently enacted a new law prohibiting employers from seeking or relying on a job applicant’s salary history. The law, which will take effect on January 1, 2020.
READ MORE

DATA PRIVACY

New York’s SHIELD Act Expands Breach Notice Requirements
Following Europe’s General Data Protection Regulation (GDPR), many states in the US are in the process of enacting or expanding their privacy laws. New York’s new SHIELD Act contains key changes to New York’s existing breach notification obligations. These changes become effective October 23, 2019. Trends like this provide opportunity for us to remind our clients that A-Check (as a CRA who collects personal data on your behalf) gives significant attention to data security and the system processes and procedures we employ to protect information.
READ MORE

Questions? We’re here to help!

Compliance Clip September 2019

YOU’RE INVITED TO AN A-CHECK COMPLIANCE WEBINAR

5 Reasons Not to Take the Day Off from Compliance– Wednesday, September 18, 2019  |  10:00 am PST

Gary Hanley our Compliance Director is delivering information on FCRA Compliance.

Class-action lawsuits over alleged FCRA violations during the background screening process continue to be on the rise. And with this increasing litigation in mind, we’re dedicated to providing ongoing information on how to fairly utilize background screen (consumer) reports, and help you remain compliant with federal, state and local regulations.

PLUS: Attend the full webinar and receive one hour of HRCI (Human Resources Certification Institute) Credit.

To register for this free, informative webinar, simply follow the link below:

https://attendee.gotowebinar.com/register/1011188259296998411

SUBSTANCE ABUSE TESTING
In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. In order to avoid drug policies going up in smoke come 2020, employers should ensure their policies comply with state laws governing medical and recreational marijuana use. Issues to consider include whether pre-employment testing is permitted and/or necessary; ensuring safety is the focus of reasonable suspicion testing; and how to reconcile drug testing policies with accommodation requirements under federal and state laws: 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
The Ban the Box trend continues, with yet more jurisdictions exploring (or passing) legislation limiting the use of criminal record history during the employment process. Here are the latest:

Washington D.C.: The District of Columbia (D.C.) has filed more than 1,100 charges against employers for asking about criminal histories on job applications since 2014, when a law that banned the practice took effect: READ MORE

Nevada: Reno Justice Court has purged all Criminal Records filed on or before December 31, 2004 pursuant to the Supreme Court of Nevada Retention Guidelines and Nevada Revised Statute 239.110.  In addition; any cases filed on or after January 1, 2005 with no action for a period of not less than TEN (10) years have been destroyed upon review/determination of the Court: READ MORE             

Colorado: In an effort to prevent persons with criminal records from being automatically ruled out for job vacancies, Colorado Governor Jared Polis has signed “ban the box” legislation: READ MORE

SALARY HISTORY BAN
Laws aimed at ending the cycle of pay discrimination are also gaining momentum. State and local governments are enacting legislation to prohibit employers from asking applicants salary information:

Illinois: On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history: READ MORE

Questions? We’re here to help!

Compliance Clip August 2019

CONSUMER REPORTING
Keeping a close eye on the compliance of your background screening program is the first step in helping minimize your risk from legal action:

For example, on July 11, the House Committee on Financial Services on July 11 passed legislation that would prohibit employers from using credit reports for employment decisions, except when required by law or for a national security clearance: READ MORE

Additionally, Macy’s hit with a class action lawsuit over criminal history checks. The complaint alleges violations of civil rights laws barring disparate impact discrimination in addition to violations of the federal Fair Credit Reporting Act:  READ MORE

SUBSTANCE ABUSE TESTING
The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they are approved by the federal Food and Drug Administration (FDA).

The move marked the first time the DEA removed any form of cannabis from Schedule I and was due to the FDA’s approval of Epidiolex, a non-synthetic cannabis-derived medicine used to treat severe epilepsy. Yet, setting aside this very limited exception, marijuana and CBD remain illegal under federal law: READ MORE

On July 2, 2019, New Jersey Governor Phil Murphy signed a much-anticipated bill into effect that expands and revises the state’s existing medical cannabis program, the Compassionate Use of Medical Marijuana Act (CUMMA). For employers faced with employees and job applicants who use cannabis, the bill provides certain job protections for medical cannabis users: 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
The Ban the Box trend continues, with yet more jurisdictions exploring (or passing) legislation limiting the use of criminal record history during the employment process. Here are the latest:

Pennsylvania courts began automatically sealing eligible criminal and summary records under Clean Slate on June 28. Eligible offenses that will be shielded from public view include non-convictions, second and third degree misdemeanor convictions, summary convictions, and other non-violent misdemeanor convictions: READ MORE               

SALARY HISTORY BAN
Laws aimed at ending the cycle of pay discrimination are also gaining momentum. State and local governments are enacting legislation to prohibit employers from asking applicants salary information:

Alabama: Effective August 1, 2019, employers are prohibited from refusing to interview, hire, promote, employ or retaliate against any job applicant because the applicant does not provide wage history information: READ MORE

Maine: Effective September 17, 2019, employers are prohibited from using or inquiring about the compensation history provided by a prospective employee or the prospective employee’s current or former employer until a job offer is made that includes all terms of compensation negotiated with the prospective employee. READ MORE

Missouri: Effective October 31, 2019, Kansas City employers with six or more employees are prohibited from inquiring about an applicant’s salary history: READ MORE

New Jersey: New Jersey has a bill pending in the legislature that would ban salary history inquiries. New Jersey’s bill would amend the Law Against Discrimination, N.J.S.A. 10:5-1, et seq., and prohibit any employer from screening a job applicant based on the applicant’s wage or salary history: READ MORE

New York: New York’s legislature recently passed a bill, which would bar New York employers from seeking wage or salary history information from an applicant, employee, or applicant’s former employer. Governor Andrew Cuomo is expected to sign the bill, and it will take effect 180 days thereafter: READ MORE

Questions? We’re here to help!

Compliance Clip July 2019

SUBSTANCE ABUSE TESTING
Pre-employment drug testing continues to evolve as legislation addresses increasing legalization of Marijuana for medicinal and recreational use:

Nevada becomes the first state to restrict employer use of pre-employment cannabis tests. Effective January 1, 2020, it will be unlawful for Nevada employers to reject an applicant who tests positive for marijuana on a pre-employment drug test: 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
The Ban the Box trend continues, with yet more jurisdictions exploring (or passing) legislation limiting the use of criminal record history during the employment process. Here are the latest:

The New Hampshire House recently passed Senate Bill 100, and—if it becomes law—would restrict employment applications from asking about criminal history, but it would allow employers to ask criminal history questions at an interview and conduct background checks subsequently: READ MORE

New Mexico Senate Bill 96—a new law now in effect as of June 14, 2019—amends the state’s “Criminal Offender Employment Act” and prohibits private employers with four or more employees from inquiring about an applicant’s criminal history on a written or electronic application: READ MORE

Colorado Governor signed the “Colorado Chance to Compete Act,” which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers will need to assess job applications, interview guidelines, and policies and procedures for criminal background checks by as early as September 1, 2019: READ MORE      


SALARY HISTORY BAN
Laws aimed at ending the cycle of pay discrimination are also gaining momentum. State and local governments are enacting legislation to prohibit employers from asking applicants salary information:

The Washington State Governor signed the “Washington Equal Pay and Opportunities Act,” banning employers from asking about salary history, and goes into effect in July 2019. It will also require employers to provide pay scale information upon request of an applicant: READ MORE

CONSUMER REPORTING
Keeping a close eye on the compliance of your background screening program is the first step in helping minimize your risk from legal action:

More evidence that “clear and conspicuous” disclosure about your background checks is critical for all employers. Consider the case centered on consumer report disclosures and a class of as many as five million members who applied for a job at Walmart in the last five years:  READ MORE

Working closely with a background screening company committed to compliance—like A-Check Global—can help you keep abreast of these evolving laws.

Questions? We’re here to help!

Featured

In Compliance News:

Upcoming changes to Illinois law will prohibit salary history inquiries & require review of employer drug policies

Salary History Inquiry Ban – Effective September 29, 2019
Amendments to the Illinois Equal Pay Act (IEPA) become effective September 29, 2019. Included is a ban prohibiting inquiry into and the use of a candidate’s pay history when making employment decisions. Illinois employers will be prohibited from a) screening candidates based on current/prior wages, benefits, and other compensation, b) requiring that salary history meets minimum/maximum criteria for a particular position, and c) requesting salary history as a condition of being considered for employment. Illinois joins with 13 states that have imposed such a ban. For full details on this amendment, we welcome you to READ MORE.

Employment Aspects of the Illinois Cannabis Regulation and Tax Act – Effective January 1, 2020
The Illinois Cannabis Regulation and Tax Act (CRTA)—“Recreational Marijuana Law”—takes effect Jan. 1, 2020. Please keep in mind, there are provisions that may require employers to modify drug use policies:

  • Employers must have good faith belief that an employee was impaired or under the influence in the workplace, defined by identifying specific, articulable symptoms of impairment.
  • If the employee is disciplined or discharged for being impaired by marijuana, there must be reasonable opportunity to contest the basis of the employer’s determination.
  • And, because marijuana use will be legal outside the workplace, employers will likely not be able to rely on the results of testing alone to satisfy the good faith belief requirement, even in post-accident situations, if there is no reasonable suspicion that the employee was impaired by or under the influence of marijuana at the time of the accident.

For full details on all upcoming provisions to the Illinois CRTA, please READ MORE and be prepared for further review or revision of your current drug testing and disciplinary polices where necessary to comply with CRTA.

Questions? We’re here to help. Please feel free to give us a call at 877-345-2021.