Featured

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!

Featured

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!

Featured

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!

Featured

Compliance Clips for February 2021

CONSUMER REPORTING

FTC Settles Tenant Background Screening Company Claim
Welcome to 2021, where—no surprise—compliance is still just as important. The Federal Trade Commission has reached a $4.25 million settlement regarding alleged unfair or deceptive acts in connection with background screening reports. More specifically, 1) identifiers did not reasonably match the applicant, 2) inconsistencies existed in identifiers, 3) records did not accurately reflect offenses, and 4) multiple entries existed for criminal records. This particular complaint alleged that reasonable procedures were not in place to assure the accuracy of the criminal and eviction records obtained from a third party vendor for tenant background screening reports. While these screens were presented to landlords and property management companies, it also is a very important example to illustrate why everyone at A-Check is committed to ensuring we meet your organization’s screening requests with attention to compliant business practices.
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

Florida
Florida Public Employers: Every public employer, contractor, and subcontractor in Florida must now register with and use the E-Verify system to verify the work authorization status of all newly hired employees. E-Verify is the online system operated by the U.S. Department of Homeland Security and the Social Security Administration that allows participating employers to electronically verify and confirm the identity and employment eligibility of newly hired employees. Both federal and Florida law prohibit employing individuals who are not authorized to work in the United States. Many states have legislation mandating E-Verify use, now including Florida.
READ MORE

SUBSTANCE ABUSE TESTING

What We’re Watching: Potential Legislation
Looking ahead, New York, Connecticut, and Virginia might be three states likely to legalize marijuana in 2021. And 2020 national Gallup polling hits an all-time high with 68% in favor of U.S. legalization. Currently, 36 states have enacted medical cannabis legislation, with 15 also allowing for the adult-use consumption and/or retail sale of marijuana. Although 2021 isn’t a big year for elections, there are indications that New York, Connecticut, and Virginia may consider cannabis law this year.
READ MORE

Illinois
Illinois Gov. J.B. Pritzker recently announced the forgiveness and expungement of about 500,000 criminal cannabis cases, as mandated by the Illinois law that legalized the licensed sale of marijuana starting in 2020. Pardons were issued for 9,210 low-level cannabis convictions, while Illinois State Police have wiped clean more than 492,000 non-felony cannabis-related arrest records. The intent of the law is to reduce the impact of the war on drugs on minorities, who were disproportionately arrested and locked up for cannabis crimes.
READ MORE

New Jersey
Although there have been delays in legislative action, and after voters approved legalization in November, the governor of New Jersey recently reaffirmed commitment to passing laws regarding marijuana. Lawmakers introduced marijuana legislation last November, soon after voters approved cannabis reform. However, since then, it’s been subject to a number of changes and delays in legislative action.
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

Nationwide
It’s now reported that as many as three-fourths of U.S. population lives within a Ban the Box jurisdiction. That’s nearly 40 states and 150+ cities and counties nationwide. Ban the Box legislation provides applicants a fair chance at employment by removing conviction and arrest history questions from job applications and delaying background checks until later in the hiring process, or even after a conditional offer has been made. We recently found a great site that clearly illustrates current states and localities with Ban the Box legislation in place.
READ MORE

DATA PRIVACY

New year, new privacy legislation. In 2021, we will likely see a wave of GDPR-like regulatory measures to address data protection and privacy around the world. With information security the focal point of a world that has made the shift to remote activity, this year may prove to be a year where countries not only catch up with their privacy legislation backlogs, but also work to enact 2021 privacy legislation. Here in the United States, three states (California, Nevada, and Maine) have enacted consumer privacy legislation, with 16 more introducing similar laws of their own. And, while there is federal law providing some degree of data protection, efforts are still being put forth to create an overarching framework to govern privacy law.
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 swab collection option to help diagnose whether your employees currently have COVID-19.
READ MORE

Questions? We’re here to help!

A Focus on Return to Office: A-Check Global COVID-19 Testing Options for Your Workforce

FeaturedA Focus on Return to Office: A-Check Global COVID-19 Testing Options for Your Workforce

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.

While granted, it’s not quite yet a universal movement, we do speak every day with clients who are looking for resources to help them transition employees back to their physical workplaces, This not only means revising guidelines to help maintain safe, healthy offices, but perhaps also implementing COVID-19 testing as a critical element of return to office efforts.

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.

COVID-19 Rapid Infection At-Home Collection

Through A-Check’s partnership with Quest Diagnostics, we offer an at-home swab collection option to help diagnose whether your employees currently have COVID-19.

This anterior nares (nasal) swab collection kit, which is authorized by the FDA under an Emergency Use Authorization (EUA), allows your employees to self-collect a sample to then be tested at a Quest laboratory. This test is used to screen for COVID-19.

Your employees have a convenient option to collect an upper respiratory nasal sample at home using the collection kit sent directly via express delivery at no additional charge to them. Detailed instructions on how to collect a sample are included in the collection kit. Also included in this at-home kit are a prepaid overnight shipping label and envelope that your employees can use to securely ship the sample to a Quest laboratory for COVID-19 testing.

Your employees are alerted when test results are ready (typically within 24-48 hours) and have secure access to the patient-friendly report. Additionally, your administrators can securely review and verify employee participation, status, and results online.

Additional COVID-19 Screening and Testing Services

Through our partnership with Concentra, we also offer initial screening using a COVID-19 Assessment. A clinician reviews your employee’s responses to determine if the employee may go to the office or if testing for active COVID-19 infection, testing for COVID-19 antibodies, or an in-person clinical examination is recommended.

  • COVID-19 Antibody Test – Initial: includes comprehensive screening and tests employees for possible COVID-19 immunity
  • COVID-19 RNA Test – Initial: includes comprehensive screening and tests employees for active COVID-19 infection
  • COVID-19 RNA Test – Surveillance: includes ongoing screening and testing of employees for active COVID-19 infection

Your employee’s COVID-19 status will be assessed by experienced clinicians who apply their medical knowledge and experience to evaluate the risk of each individual employee and the risk to the workforce.

You have the added assurance that services will be delivered consistently from more than 520 Concentra medical centers nationwide. We are more than happy to help you identify locations closest to your employees.

Who Should Get Tested?

While effective testing is essential in helping slow COVID-19 spread by identifying and isolating those with active infections, it’s also critical to make sure tests are distributed and implemented efficiently. That is, not everyone needs or should be getting tested. COVID-19 testing may be an option for those who:

  • Are required to perform COVID-19 testing to meet school, workforce, or travel requirements.
  • Are identified by an employer, public health department, contact investigator, or healthcare provider as someone who should get tested.
  • Have been in close contact with someone who has a confirmed case of COVID-19.
  • Live or work in a place where people reside, meet, or gather in close proximity.
  • Currently have symptoms of fever, cough, shortness of breath, and/or loss of taste or smell (typical symptoms).
  • Are trying to determine if a prior infection with COVID-19 has resolved.

We are committed to the health and safety of our valued clients.

For more information, pricing, and to place an immediate order:
Contact Us
acheckorders@acheckglobal.com
877-345-2021