Compliance Clip February 2020

EMPLOYER COMPLIANCE

UPDATE: New Version of Form I-9 approved

On January 31, 2020, USCIS announced an update to the (paper version) of Employment Eligibility Verification Form I-9. This update was approved on October 21, 2019. Employers using the paper version should begin using the updated paper Form I-9 as of January 31, 2020, but have until April 30, 2020 to discontinue use of the previous paper version (Rev. 07/17/2017 N). The electronic version will be updated before this mandatory cutoff date of April 30, 2020, and we will keep you informed as we learn more.

USCIS made the following changes:
Form

Revised the Country of Issuance field in Section 1 and the Issuing Authority field (when completing the fillable form online).

Instructions
Clarified who can act as an authorized representative on behalf of an employer
Updated USCIS website addresses
Provided acceptable document clarifications
Updated the process for requesting the paper Form I-9
Updated the DHS Privacy Notice
READ MORE

 

SUBSTANCE ABUSE TESTING

PA MEDICAL MARIJUANA ACT: Court Finds Implied Wrongful Discharge Cause of Action
In a recent decision, a Pennsylvania county court ruled that the state’s Medical Marijuana Act creates a private cause of action for employees who have been terminated for their off-duty use of prescribed medical marijuana. The ruling is the first of its kind in Pennsylvania, but follows a line of cases from other jurisdictions that have similarly found that lawful medical marijuana users can sue their employers under similar circumstances. Pennsylvania employers should take note of this important decision, as we continue to monitor and report on this developing issue.
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

MARYLAND Bans the Box
Effective January 1, 2020, Maryland employers may not, at any time before the first in-person interview, require an applicant to disclose whether he or she has a “criminal record” or has been the subject of criminal accusations. An employer may require the applicant to disclose that information during the first in-person interview. An employer is prohibited from retaliating or discriminating against an applicant or employee who complains of a violation of the law.
READ MORE

LOUIS Enacts Ban the Box Ordinance Applicable to Private Employers
The ordinance prohibits employers located within the City of St. Louis with 10 or more employees from asking about criminal history on applications and hiring forms. Employers are also barred from posting job advertisements that exclude applicants with a criminal history and from using exclusionary language in applications or other hiring forms. Employers are further prohibited from asking about or investigating an applicant’s criminal background until after the applicant has been interviewed and deemed qualified for the position. Employers may not attempt to circumvent these restrictions by seeking publicly available information about an individual’s criminal history.
READ MORE

DATA PRIVACY

BREXIT UPDATE: What Does This Mean for Data Privacy?
In a statement on January 29, the Information Commissioner’s Office said the following: “The UK will leave the European Union on January 31 and enter a Brexit transition period. During this period, which runs until the end of December 2020, it will be business as usual for data protection. The GDPR will continue to apply.”
READ MORE

BRAZIL’S Data Protection Law
With less than a year remaining before Brazil’s General Data Protection Law (referred to as the LGPD) takes effect, HR professionals should start preparing.

The LGPD—which regulates how companies, including employers, must process personal data such as employees’ identification numbers—takes effect August 15, 2020.
READ MORE

SALARY HISTORY

NEW YORK Joins Other States in Banning Salary History Questions
As of January 6, 2020, New York employers are prohibited from inquiring about an applicant’s prior salary. The law applies to all public and private employers within New York State and covers applicants and employees who have taken an affirmative step to seek full-time, part-time, or temporary/seasonal employment with an employer. The law does not apply to independent contractors, freelance workers, or other contract workers unless they are to work through an employment agency.
READ MORE

Questions? We’re here to help!

New Version of Form I-9 published

On Jan. 31, 2020, USCIS published the Federal Register notice announcing a new version of the Form I-9, Employment Eligibility Verification.

This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of Jan. 31, 2020.

The notice provides employers additional time to make necessary updates and adjust their business processes. Employers may continue using the prior version of the form (Rev. 07/17/2017 N) until April 30, 2020. After that date, they can only use the new form with the 10/21/2019 version date. The version date is located in the lower left corner of the form.

 

Form I-9: What’s New For 2020

Wed, February 5, 2020   |   10:00 am PST

A-Check Global’s HR Impact Webinar series presents Dave Basham delivering information on Form I-9 and E-Verify.

Dave, a highly regarded government speaker, will cover a wide range of information about Form I-9 and E-Verify including what’s new for 2020:

View this informative webinar below –

 

Presenter:

Dave Basham

Dave Basham / Outreach Analyst / U.S. Citizenship and Immigration Services

Dave joined U.S. Citizenship and Immigration Services in 2008 following his retirement from the U.S. Army. He has conducted close to 600 Form I-9 and E-Verify presentations to nationwide audiences. Dave conducts ongoing sessions for many associations that include; Society of HR Management, American Payroll, and National Notary. In 2016, the American Payroll Association presented Dave with their annual Government Partner Award in recognition of his service, as a government agent, to the payroll community. Dave’s military assignments were numerous in the Infantry arena. His military service decorations include the Legion of Merit. Dave’s originally from West Virginia but now makes his home in historic Virginia.

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.