Featured

Compliance Clips for August 2021

CONSUMER REPORTING

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 August 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

CRIMINAL HISTORY REPORTING

Louisiana
Effective August 1, 2021, Act No. 406 impacts employers conducting background screening prior to a job offer by prohibiting the request or consideration of an arrest record or charge that did not result in a conviction when a background check reveals that information. This legislation also requires employers to individually assess a candidate’s criminal history and determine if the outcome is directly or adversely related to specific duties of potential employment.
READ MORE

Criminal Record Screening Policy Review
Now more than ever before, it’s important for employers to review their criminal record screening policies. It’s a balance between compliance with evolving laws, and risk mitigation in hiring practices. Class action plaintiffs’ attorneys have had some high-profile success negotiating settlements, and Ban the Box legislation continues momentum in a growing number of states. Now, when it comes to litigation against background screening efforts, courts can hold that employers are required to prove their criminal record screening policies are not just appropriate as a business necessity, but also prove that these policies accurately distinguish between applicants that do and do not pose an unacceptable level of risk. While we are here to answer any questions you may have, we also strongly recommend you have legal counsel available to guide your screening program decisions.
READ MORE

New York City
Effective July 29, 2021, New York City’s Fair Chance Act expands the scope of protection for applicants and employees with criminal histories. The FCA prohibits employers from denying employment based on an arrest or criminal accusation by expanding protection to prohibit any inquiry in writing or otherwise about a candidate’s arrest or criminal accusation. These amendments also offer additional candidate protection by expanding the list of information that employers are prohibited from considering, adding additional processes employers must take when presented with certain criminal information, and further clarifying other employer obligations under the Fair Chance Process. Here’s a great read on these amendments.
READ MORE

SUBSTANCE ABUSE TESTING

Connecticut
The Connecticut Governor signed Senate Bill 1201—effective in 2022—making CT the 19th state to legalize recreational marijuana for adults 21 years and older, but will allow employers to continue implementing drug-free employment policies.  This new law will require expungement of certain existing marijuana convictions, but also creates employment protections for recreational marijuana users. That said, employers are permitted to continue prohibiting employees from engaging in the recreational use of marijuana, subject to certain statutory requirements.
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.

DATA PRIVACY

Colorado
Colorado is the second state this year to pass a law making it easier for consumers to protect personal data online. Colorado’s Privacy Act follows Virginia’s Consumer Data Protection Act (VCDPA) and California’s Consumer Privacy Act (CCPA). Among other things, Colorado’s legislation gives consumers the right to opt-out of targeted advertising and the sale of personal data. It also gives consumers the right to access, correct, and delete personal data collected, provides the right to obtain a copy of personal data in a portable format. Additionally, Colorado’s Act requires that consumers have the ability to opt-out via a universal channel that meets established technical specifications.
READ MORE

Questions? We’re here to help!

Featured

Compliance Clips for July 2021

I-9 COMPLIANCE

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 closed or taking other 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 August 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

Alabama
Governor Kay Ivey recently signed Alabama’s medical marijuana law, making Alabama the 37th state to legalize marijuana for medical purposes. That said, employers are still permitted to establish drug testing and drug-free workplace policies. This new law identifies qualifying medical conditions, including but not limited to autism spectrum disorder (ASD); cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain; Crohn’s disease; depression; epilepsy or a condition causing seizures; and HIV/AIDS-related nausea or weight loss. With recently granted access to medical marijuana, this law will not impose new obligations on employers.
READ MORE

Montana
Montana has legalized marijuana for recreational use, and employers will be prohibited from taking adverse action against employees for lawful use of marijuana outside of work. New law amends the Montana definition of “lawful products” to now include marijuana. That said, employers can continue drug-free workplace policies.
READ MORE

Philadelphia
The city of Philadelphia recently passed an ordinance prohibiting employers from requiring candidates to submit to pre-employment marijuana testing as a condition of employment, effective January 1, 2022. However, this ordinance does not prohibit pre-employment testing of certain types of employees, including police and other law enforcement positions, any position requiring a commercial driver’s license, and any position that requires the supervision or care of children, medical patients, disabled people, and other vulnerable persons.
READ MORE

SALARY DISCLOSURE

Connecticut
On June 7, Connecticut’s Governor signed House Bill Number 6380, requiring employers to disclose to applicants and employees the salary ranges for positions. This law also expands prohibition of gender-based pay discrimination. Under this new law, employers are prohibited from failing or refusing to provide the wage range for a position upon an applicant’s request, or for an employee’s position upon the employee’s request. Employers are recommended to consider implementing policies and practices to comply with the new law by its October 1, 2021 effective date.
READ MORE

DATA PRIVACY

Colorado
Colorado has become the third state in the country to pass a comprehensive data privacy law, joining California and Virginia. The Colorado Privacy Act (CPA) will be effective on July 1, 2023. Similar in nature to California and Virginia privacy laws, the CPA provides extended privacy rights to Colorado consumers: (1) the right to opt out of certain processing of personal data; (2) the right to access personal data; (3) the right to correct inaccurate personal data; (4) the right to delete personal data; and (5) the right to data portability. And, it imposes greater duties on the controllers and processors of those organizations collecting personal data.
READ MORE

Pennsylvania
Pennsylvania introduced HB-1126, the Consumer Data Privacy Act (CDPA), creating duty for businesses to implement and maintain reasonable security procedures and practices surrounding the protection of consumer information. And, under the CDPA’s private right of action, consumers may obtain statutory damages of not less than $100 but not more than $750 per consumer per incident, actual damages, and injunctive or declaratory relief.
READ MORE

Questions? We’re here to help!

Featured

Compliance Clips for June 2021

CONSUMER REPORTING

Fair Credit Reporting Act – Permissible Purpose
We always like to pass along good articles we find as reminders of the Fair Credit Reporting Act and requirements regarding how your FCRA Policy should reflect permissible purpose for obtaining and using a candidate’s personal information. This quick read is a good refresher on obtaining consumer report information, subject to the following permissible purposes:

  • in accordance with a consumer’s written instructions
  • for employment purposes
  • for underwriting insurance
  • in connection with the extension of credit to, or the review or collection of an account of, the consumer
  • for a legitimate business purpose in connection with a transaction initiated by a consumer
  • for making pre-screened firm offers of credit or insurance

READ MORE

And Even More 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 August 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

Arizona
While Arizona won’t allow job and occupational license seekers to receive expungement of convictions from record, a new law does allow certain convictions to be set aside through a Certificate of Second Chance. The Arizona Governor signed House Bill 2067 into law, which will take effect August 27, 2021, benefiting ex-offenders by allowing them to seek to set aside certain felony and misdemeanor convictions specifically to increase greater employment and housing opportunities. Crimes excluded from being set aside include but are not limited to: 1) driving on a suspended license; 2) criminal speeding, felony flight, aggressive driving, and hit and run; 3) convictions involving a deadly weapon, or convictions involving infliction of serious physical injury; 4) convictions requiring the individual to register as a sexual offender or for offender monitoring; 5) sexual motivation convictions; and 6) convictions involving victims under age 15.
READ MORE

SUBSTANCE ABUSE TESTING

Alabama
On May 17, the Governor signed Alabama’s medical marijuana law, making Alabama the 37th state to legalize marijuana for medical purposes. Alabama employers are still permitted to establish drug testing, drug-free workplace policies. The law identifies specific qualifying medical conditions, including but not limited to autism spectrum disorder (ASD); cancer-related cachexia, nausea or vomiting, weight loss, or chronic pain; Crohn’s disease; depression; epilepsy or a condition causing seizures; and HIV/AIDS-related nausea or weight loss. While the law grants access to medical marijuana, it will not impose new obligations on employers.
READ MORE

Quest Diagnostics 2020 Drug Testing Index
With 9 million+ drug tests in 2020, Quest Diagnostics releases its latest Drug Testing Index, with insight across a range of drugs and workplace industries. Marijuana testing continues positivity increases in the general U.S. workforce. Some additional key findings from the latest Drug Testing Index include:

  • Positivity down or flat for most drug categories, but increased for ecstasy
  • Positivity rates declined in federally mandated, safety-sensitive workforce testing categories
  • Marijuana continued double-digit year-over-year increases in the general U.S. workforce, with lower positivity rates in states with only medical marijuana use or no form of legalized marijuana use versus states with legalized recreational statutes
  • The marijuana positivity rate of post-accident test results grew faster than the rate for pre-employment testing
  • Cocaine positivity lowest since 2012 in the general U.S. workforce
  • Workforce positivity increased significantly in multiple industries with the Retail Trade sector continuing to top the list
    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

Questions?
We’re here to help!

Featured

The Name Game: FAQs about AKAs

Among the many critical elements of a comprehensive background check is the determination of different names an applicant has used in the past. Because background screening relies on database research—and the single largest criteria used during a search is name—it’s critical to establish an Also Known As (AKA) history for each applicant.

An AKA can typically be a result of marriage, but an individual may also choose to change their name altogether, or might use a shortened version of their legal name. We often get questions about candidate AKAs and how these names are processed at A-Check during a background screen, and wanted to take just a few moments to share some of those with you in this entry.

How does A-Check Global locate AKA’s?
The Three Credit Bureaus are typical sources of information used to discover existence of an applicant’s AKAs. A credit report or credit report header—known as an ID Report or Social Security Trace—provide additional AKAs that an individual may have used in their past. As a side note, querying this Credit Bureau information has no impact on a person’s credit score.

Why are AKAs important to A-Check’s background screening process?
An AKA can be utilized to locate information that might not ordinarily be located using conventional name searches, for example:
A college degree obtained under a maiden name
A criminal record filed under a secondary or maiden name
A Driver’s License issued prior to marriage
A record of employment indexed under the applicant’s maiden name

Is there a difference between an AKA and a Nickname?
A-Check does not add obvious nicknames during a background screen, although some applications might provide a place for the applicant to list nicknames—a term of endearment for example—that is not relevant in the background check process:
Legal Name: Diana Prince
AKA: Di Prince (will be added as part of the process)
Nickname: Wonder Woman (will not be added as part of the process)

How are hyphenated/double names processed?
If an applicant submits a hyphenated or double last name, A-Check will create an AKA utilizing the legal first name in combination with each of the last names to create two additional names. The last name will also be searched without the hyphen or space as a single name in conjunction with the legal first name. This process is not applied to hyphenated/double first names.

What are examples of non-AKAs A-Check might find?
A-Check reviews the original name and compares it to any AKAs that might be listed. We utilize the following guidelines to determine if names provided by the Credit Bureau are not applicable—and need not be processed:
Obvious Typographical errors
Suffixes/Prefixes
Variations of middle names or middle initials
Any initial replacing a first or last name
Opposite Gender names

Questions? We’re always here to help.

Featured

Compliance Clips for May 2021

Consumer Reporting

Missouri
If an applicant lacks concrete injury based on technical violation of FCRA employment purposes, is that grounds to sue? There is disagreement among courts, but time may bring consensus whether technical violation constitutes applicant injury. In this particular case, the plaintiff sued, claiming that he was not provided with the FCRA Summary of Rights, and was not permitted to review the report to address any information in it before his offer of employment was withdrawn. He did not, however, claim that any information in the report was inaccurate, or that his review would have resulted in him obtaining employment. The court determined that the plaintiff had standing to bring suit for this procedural violation of the FCRA.
READ MORE

New York
Let’s help keep your employment program compliant. Class action suits are ever present, as this gig employer is hit with lawsuit alleging unlawful use of criminal history to discriminate against New York City drivers. FCRA and its state equivalents impose requirements on employers using consumer reports for employment purposes, including providing notice to individuals before taking adverse action based on a consumer report. This lawsuit alleges the employer failed to comply with these requirements.
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

Florida
Florida Employers: A 2021 reminder worth mentioning. Public employers, contractors and subcontractors in the state of Florida are now required to enroll in and use the E-Verify system to verify identity and eligibility of all new employees. Private employers are not required to use the E-Verify system unless they have a contract with a public employer or they apply for taxpayer-funded incentives through the state Department of Economic Opportunity. They must, however, still complete and maintain I-9 Employment Eligibility Verification forms for the duration of employment, and for at least one year from the date the employee is terminated or three years from hire, whichever is later under the federal Immigration Reform and Control Act of 1986. 
READ MORE

BAN THE BOX

Illinois
Illinois recently enacted SB 1480 (The Employee Background Fairness Act) which significantly expands Ban the Box law to restrict private employers from using a conviction record to refuse to hire, deny promotion, or take adverse action. Along with a clear definition of adverse action an employer must take prior to an employment decision, an employer may only consider an applicant or employee’s criminal convictions record if either the employment position offers the opportunity for the same or a similar offense to occur, or if hiring the applicant or continuing the current employee’s employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
READ MORE

SUBSTANCE ABUSE TESTING

New Mexico, Virginia

Following recent New York and New Jersey recreational cannabis laws, New Mexico and Virginia have now enacted similar laws regarding adult recreational cannabis use, effective July 1, 2021. Likely, employers can still prohibit cannabis and impairment at their worksites, but this does provide a good opportunity for employers to assess the implications of the laws on their current policies and drug testing practices.
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. While, this act is not intended to limit authority of employers from enforcing workplace drug policies, it does prohibit discrimination because of an individual’s lawful activities outside the workplace, now including the use of cannabis in accordance with state law.
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

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. There are now more than 20 other states with active introduction of privacy legislation. Here’s the list:
READ MORE

Washington, Oklahoma, Florida
For now, proposed statewide privacy legislation in both Washington and Oklahoma fails to advance. While in Florida, the chances of passing a comprehensive privacy law are good, but legislation is currently undergoing significant amendment.
READ MORE

Questions? We’re here to help!