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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.
READ MORE

 

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.
READ MORE

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.
READ MORE

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.
READ MORE

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.
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.

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.
READ MORE

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.
READ MORE

 Questions? We’re here to help!

Featured

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

Featured

Mid-Month Compliance Clip

CONSUMER COMPLIANCE

There has been a surge in workplace enforcement actions by U.S. Immigration and Customs

Enforcement. This surge in investigations and penalties against employers signals a new enforcement environment which employers must carefully navigate to ensure compliance with employment eligibility verification provisions under the Immigration Reform and Control Act of 1986, while avoiding discrimination violations. READ MORE

Effective October 6, 2020: Pennsylvania Law Requiring Mandatory E-Verify in Construction Industry
Pennsylvania House Bill 1170, known as the Construction Industry Employee Verification Act was recently passed which will require all construction-industry employers, both public and private, to use E-Verify to determine the eligibility of their employees to work in the United States. Construction companies with state contracts in Pennsylvania were already required to E-Verify new hires. The Act now makes the law statewide for the entire industry and will take effect October 6, 2020. READ MORE

SUBSTANCE ABUSE TESTING

IN PENNSYLVANIA DISCUSSION: Senators File Marijuana Legalization Bill
Two Pennsylvania senators—Daylin Leach (D) and Sharif Street (D)—recently introduced a comprehensive marijuana legalization bill (SB 350) which would allow adults 21 and older to possess, cultivate and purchase cannabis from licensed retailers. It also contains social justice provisions aimed at promoting equity in the industry, including automatically expunging prior marijuana convictions and providing interest-free loans to low-income individuals who want to participate in the market.
READ MORE

IN ILLINOIS DISCUSSION: Consider Adjusting Your Drug Policies Now, Not Later
When considering marijuana use, employers may want to rely less on drug testing, and more on documenting potential impaired behavior on the job to build a case for termination. Under the new Illinois law, people are allowed to possess and consume cannabis products on their own time. Employers can still regulate usage and possession in the workplace. The recommendation may be to regulate cannabis in the workplace much like alcohol. That means while active impairment or possession won’t be tolerated, usage on one’s own time probably won’t be viewed as so problematic. READ MORE

New Jersey has joined a growing number of states, including Connecticut, Massachusetts and New York, in providing employment protections for users of medical marijuana. The Compassionate Use Medical Cannabis Act (CUMCA) impacts New Jersey employers in two significant ways:  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.

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!