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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.
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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.
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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.
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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.
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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.
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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.

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.
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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.
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 Questions? We’re here to help!

HR Luncheon Event: What Employers Need to Know About Background Checks, Drug Screening and E-Verify / Form I-9 Compliance

Learn from the experts: Join A-Check Global & AppleOne Employment Services for a Special Complimentary Luncheon Presentation Thursday December 4th at A-Check’s headquarters in Riverside, CA. Attendees will earn 2.0 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. View Event Flyer (PDF) Continue reading “HR Luncheon Event: What Employers Need to Know About Background Checks, Drug Screening and E-Verify / Form I-9 Compliance”

FCRA Compliance More Important Now than Ever For U.S. Employers

Large Law Firms in the United States specializing in class action claims have discovered a lucrative revenue stream – Employers that violate the Fair Credit Reporting Act (FCRA), the federal legislation that outlines the process for obtaining and utilizing consumer reports.

There have been an estimated 27 such class action lawsuits in 2014 – close to 40 over the last three years – regarding violations of the FCRA. The majority of these lawsuits are attributed to failures in two important steps in the process – Authorization and Adverse Action. Continue reading “FCRA Compliance More Important Now than Ever For U.S. Employers”

HR Impact Webinar Series – Compliant Background Screening Process: Best Practices For U.S. Employers

HR Impact Webinar Series – Compliant Background Screening Process: Best Practices For U.S. Employers

Webinar Info:

Recorded: Thursday, October 30th, 2014
Duration: 1 hour plus 15 minutes Q&A

View Recording of Webinar and Q&A Session

Download documents featured in the webinar below:

Continue reading “HR Impact Webinar Series – Compliant Background Screening Process: Best Practices For U.S. Employers”

Complimentary HR Luncheon – Background Screening Compliance: Best Practices for California Employers

THIS EVENT IS BOOKED TO CAPACITY. If you would liketo be added to the waiting list, please contact us. Should cancellations occur, we will contact you by September 26th.

Join A-Check and AppleOne Employment October 1st for a complimentary luncheon presentation at Fleming’s Prime Steakhouse in La Jolla, one of San Diego’s best eateries. Learn about compliant employee screening practices with emphasis on California’s unique employer requirements. Attendees will earn 2.0 (General) credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute.

Learn more: HR Luncheon Flyer (PDF)

Agenda – Learn About
• Compliant employment screening practices, with emphasis on California.
• Compliance with FCRA applicant disclosure & reporting requirements.
• Responsibilities of information providers and end users of consumer reports under FCRA.
• Overview of applicable regulatory bodies and Risks to non-conforming employers.
• Use of credit reports in the hiring process. Continue reading “Complimentary HR Luncheon – Background Screening Compliance: Best Practices for California Employers”