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Compliance Clips for November 2020

EMPLOYMENT LAW

2020 Headlines
While Halloween is now officially behind us, it’s still worth a quick look at 2020 headlines that are sure to give HR professionals—and the rest of us—nightmares! Steer clear of lawsuits by managing with care and attention to employment law.
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I-9 AND E-VERIFY

Extension Still Applies: 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 November 19, 2020.

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.
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Exploring the Basics of Form I-9
With U.S. government focus on enforcement and audit of employee authorization to work, it’s always worth taking a few moments to review the basics of Form I-9. Every employer must have a Form I-9 for every employee. While the form itself is not complicated, accuracy and process counts to ensure that you’re prepared for an audit.
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SUBSTANCE ABUSE TESTING

Substance Abuse Trends Reported by Quest Diagnostics
U.S. General Workforce drug positivity hits 16-Year High in 2019. Quest Diagnostics—a trusted A-Check drug screening partner and leading provider of diagnostic services—recently released their Drug Testing Index™ analysis of more than nine million workplace drug test results. As Quest Diagnostics reports, even prior to COVID-19, workplace drug positivity rates were trending in the wrong direction. Now, with many Americans under higher stress levels as they continue to juggle remote work schedules, childcare and homeschool responsibilities, and even frustration from ongoing social isolation, it stands to reason that there may have been negative impact on general health and well-being during these recent months.
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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 AND CRIMINAL HISTORY DISCLOSURE

Hawaii
Now effective, Hawaii has amended its Ban the Box law, offering protections for individuals with old and/or relatively minor conviction records. The law prevents most private sector employers from considering felony convictions older than seven years, and misdemeanor convictions older than five years. However, an employer making employment decisions may inquire about and consider an individual’s criminal conviction record, provided the conviction in question has a logical relationship to the position’s duties.
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South Carolina
In other Ban the Box news, the city of North Augusta, SC, is removing a question about criminal history from job applications for city positions. This change won’t alter the hiring process at all; it will simply remove the question from upcoming applications.
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A Ban the Box Overview
36 states and 150+ municipalities have Ban the Box laws to prohibit employers from asking about criminal history on job applications. This article quickly details a number of the most recent changes and updates in Hawaii, California, and St. Louis, Missouri.
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SALARY HISTORY

Maryland
Now effective as of October 1, 2020, there are more boxes to ban from Maryland employment applications. Maryland prohibits employers from asking about an applicant’s current or prior pay. This new law will 1) prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances; and 2) require an employer to provide an applicant, upon request, with the wage range for the job applied for. The new law amends Maryland’s existing Equal Pay for Equal Work (EWEW) law, and will apply to all private, state, and local government employers in Maryland.
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A Look at Salary History Bans Already in Place
State and local governments are increasingly adopting legislation to prohibit employers from requesting salary history from job applicants. For your reference, here’s a great running list of states and localities that have legislation in place.
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COVID-19

Updated COVID-19 Guidance from the EEOC
While we mentioned this in last month’s email, it’s worth repeating, especially as many organizations continue to make cautious, careful decisions about the balance between remote and in-office workforces.

The EEOC recently updated guidance on the Americans with Disabilities Act (ADA) and the Coronavirus pandemic. This new information expands their prior guidance on how the ADA applies to the current pandemic. In a question and answer form, this guidance covers a number of important issues surrounding COVID-19 and the workplace, including: the right for an employer to ask employees entering the office if they have COVID-19 symptoms, the right for an employer to report employees with COVID-19 or associated symptoms to appropriate personnel, the right for an employer to require a temperature check, and much more.
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Questions? We’re here to help!

Featured

Compliance Clips for June 2020

CONSUMER LEGISLATION

Heroes Act Amendment Awaits Consideration in the Senate
The Heroes Act includes a provision which would place a temporary moratorium on the ability of consumer reporting agencies (CRAs) to furnish certain adverse information during major disasters, including during COVID-19. Section 110401 of the Heroes Act would amend the Fair Credit Reporting Act (FCRA) by adding, “No person may furnish any adverse item of information (except information related to a felony criminal conviction) relating to a consumer that was the result of any action or inaction that occurred during a covered period.”  A covered period could refer to COVID-19 and/or any major disaster or health emergency.
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Brazil: New Privacy Law Enforcement Likely Postponed in Response to COVID-19
Brazil’s General Data Protection Law (aka, the Lei Geral de Proteção de Dados and referred to as the “LGPD” in the Portuguese acronym) appeared ready to go into effect in August 2020. However, as Brazil has recently become a COVID-19 hot spot, on April 3, 2020, the Brazilian Senate approved Bill No. 1179/2020. This emergency measure postpones the effective date for the LGPD to January 2021, with sanctions and penalties enforceable only after August 2021.
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Maryland: Employers, Get Ready for New Employment Laws
Several new bills, including ones that prohibit use of facial recognition technology, wage history inquires, hairstyle discrimination, and revisions to the state’s mini-WARN act, recently became law when the deadline for their enactment passed without Governor Larry Hogan’s veto.  These laws will take effect beginning October 1, 2020.
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I-9 COMPLIANCE

A Reminder: Compliance with Form I-9 and E-Verify Requirements in Light of COVID-19
While we shared this information previously, it bears repeating in light of ongoing COVID-19 efforts. 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. However, the government is suspending 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.
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SUBSTANCE ABUSE TESTING

Virginia: New Legislation Decriminalizes Simple Marijuana Possession
Effective July 1, 2020, Virginia legislation decriminalizes possession, and prohibits employers from requiring applicants to disclose information related to past criminal possession charges. The law will take effect July 1, 2020.
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Montana: Statewide Signature Drive for Marijuana Ballot Initiative
Montana’s Cannabis Legalization Campaign launched a signature drive—with careful attention to COVID-19 social distancing—to drive legislation toward a vote for cannabis legalization later this year, including the establishment of a system to regulate and tax cannabis for adult use, and authorization to set Montana’s legal age for marijuana consumption at 21.
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Minnesota: Legislation is Being Introduced to Legalize Marijuana
As states begin to move forward again amid the COVID-19 health emergency, Minnesota House Majority Leader Ryan Winkler is introducing what he called “the best legalization bill in the country.” If passed as written, the bill would allow Minnesota adults 21 and older to possess and transport up to 1.5 ounces of marijuana (and 8 grams of cannabis concentrates) in public places and keep up to 10 pounds at their private residence. Adults could grow up to eight marijuana plants at home, up to four of which could be mature, flowering plants. Gifting small amounts to other adults would also be legal.
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Rochester, NY: Legislation is Being Considered to Stop Drug Testing Applicants
City Council is considering legislation that would drop pre-employment drug testing for THC (tetrahydrocannabinol), a compound found in marijuana. Exceptions would include those applying for public safety positions. Monroe County continues to screen for THC during pre-employment drug testing but these policies will be reviewed at some point given the shifting regulations nationally, and the potential legalization of marijuana in New York state.
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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

Suffolk County, New York: Ban the Box Legislation Passes
Suffolk County soon will follow the trend of other state and local governments enacting “ban the box” legislation. The Suffolk County, New York, Legislature has passed the “Fair Employment Screening Amendment,” prohibiting the County or any other employer having at least 15 employees from asking job applicants about their prior criminal convictions until after the first interview. The Amendment will go into effect on August 25, 2020.
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SALARY HISTORY

Philadelphia: Employer Questions About Applicant’s Wage History Now Prohibited
Philadelphia was the first city to pass a law to ban employers from asking about the wage history of job applicants in 2018. Now that a federal court’s injunction has been lifted, the law is in effect as of May 8, 2020. Employers or employment agencies may not inquire about a prospective employee’s wage history, require disclosure of wage history, or condition employment or consideration for an interview on the disclosure of an applicant’s wage history. The law also prohibits retaliation against a prospective employee for failing to comply with any wage history inquiry.
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Questions? We’re here to help!

A-CHECK GLOBAL ACHIEVES BACKGROUND SCREENING CREDENTIALING COUNCIL ACCREDITATION

RALEIGH, N.C., May 23, 2018 – The National Association of Professional Background Screeners (NAPBS®) Background Screening Credentialing Council (BSCC) announced today that A-Check Global has successfully demonstrated compliance with the Background Screening Agency Accreditation Program (BSAAP) and will now be formally recognized as BSCC-Accredited.

“As an NAPBS founding member, we’ve been honored to work alongside this important industry organization for many years,” said Donald Shimizu, Executive Vice President. “And now, we are equally honored to achieve accreditation as our newest business milestone and further recognition of our ongoing commitment to excellence in both professional standards and customer service. It is a distinction our entire team will proudly share as we continue to meet the evolving needs of our customers.”

Each year, U.S. employers, organizations and governmental agencies request millions of consumer reports to assist with critical business decisions involving background screening.  Background screening reports, which are categorized as consumer reports, are currently regulated at both the federal and state level.

Since its inception, NAPBS has maintained that there is a strong need for a singular, cohesive industry standard and, therefore, created the BSAAP.  Governed by a strict professional standard of specified requirements and measurements, the BSAAP is becoming a widely recognized seal of achievement that brings national recognition to background screening organizations (also referred to as Consumer Reporting Agencies).  This recognition will stand as the industry “seal,” representing a background screening organization’s commitment to excellence, accountability, high professional standards and continued institutional improvement.

The BSCC oversees the application process and is the governing accreditation body that validates the background screening organizations seeking accreditation meet or exceed a measurable standard of competence. To become accredited, consumer reporting agencies must pass a rigorous onsite audit, conducted by an independent auditing firm, of its policies and procedures as they relate to six critical areas:  consumer protection, legal compliance, client education, product standards, service standards, and general business practices.

Any U.S.-based employment screening organization is eligible to apply for accreditation. A copy of the standard, the policies and procedures, and measurements is available at www.napbs.com.

About NAPBS®

Founded in 2003 as a not-for-profit trade association, the National Association of Professional Background Screeners (NAPBS) represents the interests of more than 900 member companies around the world that offer tenant, employment and background screening. NAPBS provides relevant programs and training aimed at empowering members to better serve clients and maintain standards of excellence in the background screening industry, and presents a unified voice in the development of national, state and local regulations. For more information, visit www.napbs.com.

The WBENC National Conference is right around the corner, June 20th – 23rd

A-Check Global, an ACT•1 Group company is exhibiting in Booth # 1221 at the Women’s Business Enterprise National Council (WBENC) National Conference Business Fair at the Orange County Convention Center in Orlando, FL. Please visit our booth to learn more about how A-Check Global offers organizations Screening Made Smart. Mention you saw our posting and we will provide you with a special gift for stopping by.   Continue reading “The WBENC National Conference is right around the corner, June 20th – 23rd”

A-Check Global Proudly Announces Our New Medical Review Officer Group

A-Check Global proudly announces our new Medical Review Officer group, Nationwide Medical Group. If you are an A-Check Global client utilizing paper chain of custody (COC) forms for lab-based drug screening collections, please contact our Drug Screening Department at acheckorders@acheckglobal.com to request updated forms containing the new MRO contact information. For any additional questions, please contact us at 877-345-2021.

Nationwide Medical Review
John Tetrick, M.D. Lead MRO
7160 Graham Road
Indianapolis, IN 46250
888-265-6362