Thanksgiving Holiday Hours

Thanksgiving 2019 w logo.png

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.

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

HR in a Gig Economy

gig economy

As an HR professional, it’s increasingly likely that you’ll be tasked with evolving your workforce to accommodate the gig economy . . . that is, if you aren’t already doing so within your organization. The gig economy is here to stay, and although there are challenges when employing contractors and freelancers, there are also a lot of advantages.

At A-Check, we also keep a close eye on the evolution of the gig economy, and recently found a quick read by Forbes Council Member Paul Phillips discussing the role of HR in this ever-changing workforce landscape:

Speed
Ensure your recruiting is moving at the same pace as your top talent. There’s no quicker way to get your next hire to look elsewhere than to subject them to a long drawn out employment process. The same goes for the speed and efficiency of your training/development once you make the hire.

Retention
It’s not just about making a great employee want to come back the next time they’re needed—it’s also about turning them into raving fans who share their experience with friends and family.

Change
You don’t have a choice. Business models are changing, and your HR policies need to position your organization as dynamic, agile, and a good target for top talent.

The full article can be found here.

We are here to help!
If you have questions about your current screening program, please don’t hesitate to reach out to us. Contact A-Check Global here to get started.

To Test…or Not to Test…for Marijuana

As you might imagine, A-Check gets a lot of questions from our clients regarding marijuana legalization and new drug testing trends we’re seeing as a result. We love fielding questions like these, mainly because it shows our clients take evolving legislation seriously when developing or enhancing employment screening programs.

We thought this might be a good opportunity to very quickly share some helpful information on the topic, especially for those who are wondering whether or not to continue testing for marijuana in their drug screens.

First, with a growing number of states legalizing recreational marijuana, it stands to reason—and research supports—drug test positivity across the majority of industries is also on the rise. It is also shown that marijuana continues to be among the most commonly detected substances.

A-Check closely tracks overall drug screening activity across our own clients, and we can report that even with widening recreational and medical marijuana legalization, clients are still testing for marijuana 98% of the time. Of course, pre-employment testing can vary by screening package, state, or job position (safety-sensitive for example). And for post-employment testing (either for post-accident or for reasonable suspicion) we continue to test for marijuana 100% of the time.

Taking this one step further, Quest Diagnostics—our drug screening partner—shares insight with us regarding marijuana testing. They report that across all Quest national testing (pre-employment, random, post-accident, reasonable suspicion, etc.) approximately 98-99% of all urine tests include marijuana. As a separate group, testing for marijuana in recreational use states is still nearly 95%. That does not represent a significant declining trend due to increasing legalization.

Finally, let’s take a quick look at a very recent position paper from the National Safety Council (NSC), stating that while the amount of THC detectable in a person’s body does not directly correlate with a level of impairment, NSC believes it is unsafe to be under the influence of cannabis while working in a safety-sensitive position. Further evidence that perhaps we will not see a significant decline in marijuana testing for some time.

We hope insight like this is helpful to you, and welcome the opportunity to answer any questions you might have regarding your drug screening needs.

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.