Featured

Compliance Clip January 2020

EMPLOYER COMPLIANCE

EEOC Consent Decree over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their Screening Practices

Employers are well advised to consider evaluating their use of criminal history information and any other background check information to ensure compliance with the FCRA, similar state fair credit reporting statutes and substantive employment laws. READ MORE

 SUBSTANCE ABUSE TESTING

FMCSA Raises Random Drug Testing Rate to 50% For 2020
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the average number of driver positions. The minimum annual percentage rate for random alcohol testing will remain at 10%. 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 LAW

NYC Fair Chance Act Restricts Employers’ Consideration of Criminal Background
The New York City Fair Chance Act (FCA) places significant obligations and restrictions on employers that consider criminal histories in the hiring process. Employers that fail to follow any of the multiple steps required by the FCA risk significant damages under the New York City Human Rights Law. READ MORE

New Federal Fair Chance Act Applies to Federal Contractors and Agencies
On December 20, 2020, the president signed legislation, the National Defense Authorization Act (NDAA) for Fiscal Year 2020, which includes the federal Fair Chance Act (“the Act”).  The Act prohibits federal contractors that have openings for positions within the scope of federal contracts, as well as all federal agencies, from inquiring about or seeking criminal history information from an applicant until after a conditional job offer has been extended. READ MORE

DATA PRIVACY

Data Privacy Draws Increased Scrutiny from Insurance Regulators
Data privacy has become an increasing area of focus for many insurance technology clients as they work to ensure they are in compliance with the EU General Data Protection Regulation and the California Consumer Privacy Act, which will go into effect on January 1, 2020. Although many insurance technologies are exempt from most of the provisions in the CCPA, they should still expect increased data privacy regulation to be coming down the road as many insurance regulators are concerned that their current data privacy laws are not equipped to adequately address the increasing size, complexity and scope of the data used in the insurance industry. READ MORE

REMINDER

The following is a list of legislation that went into effect January 1, 2020:

  • The California Consumer Privacy Act – gives consumers nationwide more control over personal information that companies collect and sometimes share with other companies. READ MORE
  • The Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) legalizes recreational cannabis for Illinois adults. READ MORE
  • New Jersey’s Salary History Ban – employers are no longer allowed to ask prospective employees about their salary history. READ MORE
  • 21 states raised their minimum wage. See the full list here.

 Questions? We’re here to help!

AT&T OUTAGE TEMPORARILY IMPACTING A-CHECK PHONE SYSTEM

Please Note: Due to a current AT&T outage impacting a number of Southern California customers, our toll-free number (877-345-2021) is temporarily unavailable. AT&T is aware and is quickly working toward correcting this problem. The good news is we’re still here to help you! To reach us during this time, please email us directly, or live chat us from acheckglobal.com. We will keep you updated as AT&T communicates with us. Thank you for your patience.

Featured

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!

Thanksgiving Holiday Hours

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We would like to extend our warmest wishes for a healthy and happy Thanksgiving. Thank you for the continued opportunity to serve your background and drug screening needs.

Please make note of our hours of operation during the Holiday:

  • Wednesday, November 27: 6:00 am to 3:00 pm
  • Thursday, November 28: Closed in observance of Thanksgiving
  • Friday, November 29: Closed for system maintenance

Drug collection facilities may also have adjusted hours during this time. Applicants should contact their facility to confirm collection hours prior to visiting on these dates.

A-Check Global will return to full business operations beginning Monday, December 2.