Compliance Clip July 2019

SUBSTANCE ABUSE TESTING
Pre-employment drug testing continues to evolve as legislation addresses increasing legalization of Marijuana for medicinal and recreational use:

Nevada becomes the first state to restrict employer use of pre-employment cannabis tests. Effective January 1, 2020, it will be unlawful for Nevada employers to reject an applicant who tests positive for marijuana on a pre-employment drug test: 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
The Ban the Box trend continues, with yet more jurisdictions exploring (or passing) legislation limiting the use of criminal record history during the employment process. Here are the latest:

The New Hampshire House recently passed Senate Bill 100, and—if it becomes law—would restrict employment applications from asking about criminal history, but it would allow employers to ask criminal history questions at an interview and conduct background checks subsequently: READ MORE

New Mexico Senate Bill 96—a new law now in effect as of June 14, 2019—amends the state’s “Criminal Offender Employment Act” and prohibits private employers with four or more employees from inquiring about an applicant’s criminal history on a written or electronic application: READ MORE

Colorado Governor signed the “Colorado Chance to Compete Act,” which will prohibit employers from asking about criminal history on an initial written or electronic application. Colorado employers will need to assess job applications, interview guidelines, and policies and procedures for criminal background checks by as early as September 1, 2019: READ MORE      


SALARY HISTORY BAN
Laws aimed at ending the cycle of pay discrimination are also gaining momentum. State and local governments are enacting legislation to prohibit employers from asking applicants salary information:

The Washington State Governor signed the “Washington Equal Pay and Opportunities Act,” banning employers from asking about salary history, and goes into effect in July 2019. It will also require employers to provide pay scale information upon request of an applicant: READ MORE

CONSUMER REPORTING
Keeping a close eye on the compliance of your background screening program is the first step in helping minimize your risk from legal action:

More evidence that “clear and conspicuous” disclosure about your background checks is critical for all employers. Consider the case centered on consumer report disclosures and a class of as many as five million members who applied for a job at Walmart in the last five years:  READ MORE

Working closely with a background screening company committed to compliance—like A-Check Global—can help you keep abreast of these evolving laws.

Questions? We’re here to help!

In Compliance News:

Upcoming changes to Illinois law will prohibit salary history inquiries & require review of employer drug policies

Salary History Inquiry Ban – Effective September 29, 2019
Amendments to the Illinois Equal Pay Act (IEPA) become effective September 29, 2019. Included is a ban prohibiting inquiry into and the use of a candidate’s pay history when making employment decisions. Illinois employers will be prohibited from a) screening candidates based on current/prior wages, benefits, and other compensation, b) requiring that salary history meets minimum/maximum criteria for a particular position, and c) requesting salary history as a condition of being considered for employment. Illinois joins with 13 states that have imposed such a ban. For full details on this amendment, we welcome you to READ MORE.

Employment Aspects of the Illinois Cannabis Regulation and Tax Act – Effective January 1, 2020
The Illinois Cannabis Regulation and Tax Act (CRTA)—“Recreational Marijuana Law”—takes effect Jan. 1, 2020. Please keep in mind, there are provisions that may require employers to modify drug use policies:

  • Employers must have good faith belief that an employee was impaired or under the influence in the workplace, defined by identifying specific, articulable symptoms of impairment.
  • If the employee is disciplined or discharged for being impaired by marijuana, there must be reasonable opportunity to contest the basis of the employer’s determination.
  • And, because marijuana use will be legal outside the workplace, employers will likely not be able to rely on the results of testing alone to satisfy the good faith belief requirement, even in post-accident situations, if there is no reasonable suspicion that the employee was impaired by or under the influence of marijuana at the time of the accident.

For full details on all upcoming provisions to the Illinois CRTA, please READ MORE and be prepared for further review or revision of your current drug testing and disciplinary polices where necessary to comply with CRTA.

Questions? We’re here to help. Please feel free to give us a call at 877-345-2021.

Hurricane Dorian: Potential Background Screening Service Delays

09/04/2019 UPDATE: Schools, businesses, and courts within the coastal counties of Georgia and South Carolina are closing at this time ahead of Hurricane Dorian. Minor delays are anticipated. Further updates will be provided as more information becomes available.

09/03/2019: Just a quick note as we continue to monitor the path of Hurricane Dorian. At this time, the hurricane is expected to impact many southern and coastal areas, and we are anticipating delays throughout Florida and the following Georgia counties:

Brantley GA, Bryan GA, Camden GA, Charlton GA, Chatham GA, Effingham GA, Glynn GA, Liberty GA, Long GA, McIntosh GA, Pierce GA, and Wayne GA.

Further updates will be noted here as we begin to see the full impact.

 

Drug Screening Trends

DSCI

As your trusted partner, we want to make sure you are up to date on issues that may affect you so we monitor new legislation in regards to all facets of employment screening. We found a recent article by the Drug Screening Compliance Institute that details the ongoing evolution of drug legislation, and the resulting adjustments many employers in a growing number of states have to make to their employment programs. There’s never been a more important time for employers to keep an eye on state laws and be prepared to audit/adjust their drug screening policy.

The full article can be found here.

We are here to help!

If you have questions about developing a drug-free policy, or about your current screening program, please don’t hesitate to reach out to us. Contact A-Check Global here to get started.

5 Reasons Not to Take the Day Off from Compliance

Wed, September 18, 2019   |   10:00 am PST

A-Check Global’s HR Webinar series presents Gary Hanley delivering information on FCRA Compliance.

Class-action lawsuits over alleged FCRA violations during the background screening process continue to be on the rise. With the potential rise of litigation in mind, we’re dedicated to providing ongoing advice on how to fairly utilize background screen (consumer) reports, and help you remain compliant with federal, state and local regulations.

Our presentation will cover the following items:

  1. Ensure Your Disclosure is standalone and does not include state notices and waivers
  2. All Adverse Communications are executed
  3. No one on Your Team is Sharing Reports
  4. Your Assessment process is not Subject to Disparate Impact
  5. Your Data is Secure!

Attend the full webinar to receive one hour of HRCI (Human Resources Certification Institute) Credit.

View this informative webinar below:

Presenter:

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 Gary Hanley / Compliance Director, A-Check Global

Gary has more than 20 years experience in consumer reporting, including 11 years at the executive level and the last seven years focused solely on industry compliance. Gary currently serves as A-Check Global’s Director of Compliance and as our Data Protection Officer. He is a recognized and respected leader in the Consumer Reporting Industry with several speaking engagements and published white papers to his credit.