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Sunday, May 31, 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.

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.

Illinois Joins in on the Salary History Ban Movement!

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Illinois Public Act 101-0177 – was signed by the Governor J.B. Pritzker on July 31, 2019. This law takes effect 60 days from the date of signing and prohibits Illinois employers from asking candidates about their salary history during the hiring process. The law amends the Equal Pay Act of 2003, which specifically addressed pay discrimination on the basis of sex or race.  Read more here and here. This law is another example of the sweeping nationwide movement to ban-the-box and exclude candidate salary history disclosure during the hiring process.

New Jersey Salary History Ban and The Society of Human Resource Management’s (SHRM) Ban-The-Box Laws by State and Municipality Resource Page!

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New Jersey Assembly Bill 1094 – was signed by the New Jersey Lieutenant Governor on July 25, 2019. This law has complex compliance details and can come with civil penalties up to $10,000.00 per violation. The law takes effect January 1, 2020. Littler published a detailed summary of the law here.

SHRM has published a chart of State and Municipality Ban-The-Box laws. It is a great resource for determining if your operations are subject to any of these laws.

Nevada Becomes the First State to Ban Employers from Refusing to Hire Applicants Who Fail Drug Tests for Presence of Marijuana and Recent Cannabis Related Laws in New Jersey and Illinois

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Nevada - The Governor of Nevada signed AB132, a law prohibiting Nevada employers from refusing to hire job applicants who test positive for marijuana. The law takes effect January 1, 2020. There are a few specific position exceptions outlined, such as firefighters, emergency medical technicians, employees who must operate motor vehicles as part of their duties, any position which federal or state law require screening tests, and positions which employers deem the safety of others could be affected.

Other Cannabis Related News -

New Jersey - New Jersey extends workplace protections for medical cannabis patients and providers. We are starting to see more and more news concerning the legalization of medical and recreational marijuana nationwide. Employers are having difficulty trying to appropriately respond to the laws in their policies and in the workplace. Adding to the difficulty is that cannabis use, regardless or medical or recreational, is still illegal under federal law.

Illinois - Illinois is the most recent state to legalize recreational marijuana, with the passage of the Illinois Cannabis Regulation and Tax Act (Cannabis Act).

The National Association of Professional Background Screeners (NAPBS) and HR.com release the 2019 Background Screening Survey Results

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NAPBS and HR.com teamed up to survey human resources professionals to get their opinion on use of background screening. The survey was the third in a series and the results are interesting to say the least. The survey cites 96% of employers conduct one or more type of employment screening, and the main reason noted for conducting screening was for the safety of employers and their customers. Read the full report here.

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