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Tuesday, November 24, 2020

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At OPENonline, we notify you of the most recent background screening and investigative news with our timely news alerts, press releases, blog articles and legislative & compliance updates. If you are interested in submitting an article to appear on our website, please contact our marketing department.

Your Employees Are Smoking Pot! Now What?

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This Forbes article does a great job of tackling the issue of legalized marijuana and how it affects the workplace, including trying to comply with often conflicting federal, state and local laws. More states are adopting laws to legalize medical marijuana use, and several states have legalized recreational marijuana. It is confusing to say the least! And very difficult to create policies and procedures that comply with the varying laws while still protecting the workplace.

The City of Columbia, SC Joins Ban-The-Box and Salary History Ban Movements!

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The City of Columbia joined in with multiple other cities, states and municipalities and will no longer ask about criminal history on their initial employment application and will refrain from asking about previous salaries. The City is encouraging its vendors to follow suit. Read more here.

Fifth Circuit decides EEOC’s Enforcement Guidance on Considering Criminal Records in Employment Decisions is Overreaching!

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The Fifth Circuit determined that the EEOC’s guidance on considering arrest and conviction records in employment decisions amounts to a substantive rule and the agency doesn’t have the authority to create such a rule. Furthermore, the Fifth Circuit cited that the EEOC ran afoul of the Administrative Procedure Act by failing to provide notice to the public or allowing an opportunity to comment.

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