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Regulatory & Legal Alerts – June 2019

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State Legislation

Massachusetts

AG Healey Sends Warnings To Violators Of State’s ‘Ban The Box’ Rule Read More

Arkansas

City in Arkansas Boots Crime History Question From its Job Applications Read More

Colorado

Colorado Poised to Join States that “Ban the Box” Read More

Colorado Enacts Statewide Ban-the-Box Law for Private Employers Read More

Illinois

New Law Prevents Housing Discrimination for Returning Citizens in Cook County Read More

California

Exempt or Not Exempt? Part 2: The California Consumer Privacy Act and the Fair Credit Reporting Act Read More

New Mexico

New Mexico Passes Ban-the-Box and Expungement Laws Read More

New Mexico Passes Ban-the-Box and Expungement LawsRead More

New York

New York City Ban on Pre-Employment Drug Testing Won’t Apply to (most) Healthcare Workers Read More

Missouri

New Missouri Law Intensifies Background Check Rules For School Employees Read More

New Hampshire

NH House OKs ‘ban the box’ Bill Read More

GDPR

A Look Back at the First Year of GDPR Read More

Czech Republic: GDPR Adaptation Legislation Becomes Effective Read More

Google is Facing its First GDPR Probe from Irish Privacy Regulators Read More

Preparing for the California Consumer Privacy Act: Avoid the Landmines & Learn from GDPR Read More

EU-US Privacy Shield Complaint to Be Heard by Europe’s Top Court in July Read More

Employers Told to Expect Larger Fines as GDPR Hits First Anniversary Read More

Background Checks

Home Secretary Wants UK to Stop Disclosing All Criminal Records to Employers Read More

Nothing More, Nothing Less: Ninth Circuit Limits the Acceptable Format of and Language in Background Check Disclosure Forms Given to Job Applicants Read More

Ruling Raises Important Considerations for Independent Contractor Background Screening Read More

Ruling Raises Important Considerations for Independent Contractor Background Screening Read More

Sex Offender Worked for Census Bureau; Agency Warned Background Check System was “Inadequate” Read More

Questions You Should Ask About the Background Checks on Workers in Your Home Read More

Pilot Accused of 3 Murders had Criminal Record Prior to Being Hired to  FlyRead More

Ninth Circuit Weighs In on Calculating the FCRA’s Seven-Year Reporting Rule Read More

United States: Ninth Circuit Weighs In On Calculating The FCRA’s Seven-Year Reporting Rule Read More

Ninth Circuit Weighs in on Reporting Window for Non-Conviction Charges Under FCRA Read More

A Census Worker’s Arrest for Child Sex Assault Raises Hiring Concerns in Congress Read More

Rep. Adams “shocked” by Charlotte Census Sex Offender Hire, Calls for Investigation Read More

Seattle’s Fair Housing Law is the Most Progressive in the Country. But Now, Landlords are Challenging It Read More

U.S. Census Bureau Under Fire for Hiring Registered Child Sex Offender as a Manager Read More

Background Checks Not Required at Arizona Summer Camps  Read More

New Duluth School District Policy to Require Prelim Background Checks Before Start Date Read More

Police Service Suggests Charging Volunteers to Offset Costs of Background Checks Read More

3 Reasons Landlords Should Run Background Checks on All Prospective Tenants Read More

The Main Advantages of Pre-Employment Background Checks Read More

A Lyft Driver With A Criminal Record Was Charged With Rape. So Why Was He Even Behind The Wheel? Read More

Change in Missouri Law to Require School District Volunteers to Undergo Background Checks Read More

Navigating Background Checks in the Hiring Process Read More

When Job Applicants Lie: Implementing Policies to Protect Your Company Read More

Lawsuits

California Court of Appeals Bolsters Willfulness Defense to FCRA Actions Read More

Eleventh Circuit Affirms Dismissal of Attempted FCRA Class Action Against Furnisher of Consumer Information Read More

Dismissal of Criminal Charges Does Not Restart FCRA’s 7-year Clock – 9th Circuit Read More

United States: Hunton Employment & Labor Perspective: California Court Of Appeals Bolsters Willfulness Defense To FCRA Actions Read More

United States: Ruling Raises Important Considerations For Independent Contractor Background Screening  Read More

 

Big Brands

King County Considering Stricter Screening for Rideshare Drivers Read More

Care.com to Bolster Caregivers’ Screening Checks Read More

Care.com Enhances Its Caregiver Screening with in-Depth Background Checks and Expands Safety Expertise on Board Read More

Uber and Lyft’s Driver Background Checks Didn’t Catch This Alleged War Criminal Read More

He’s Accused of War Crimes and Torture. Uber and Lyft Approved Him to Drive. Read More

How an Accused Murderer with Criminal Convictions Became American Airlines Pilot Read More

Should Uber Bar Felons From Becoming Drivers? Read More

CEO of Background Check Company Calls Alleged Somali War Criminal Turned Uber Driver an ‘Edge Case’ Read More

Drug Testing

Few Police Officers in Maine are Tested for Drugs Read More

Few Police Departments in Maine Require Drug Testing Read More

Few Police Officers in Maine are Tested for Drugs Read More

Koi CBD Faces Lawsuit After Pennsylvania Woman Fails Drug Test Read More

Fleets Must Maintain Drug Testing Regimen Despite Changing Marijuana Landscape Read More

Marijuana is Legal Now, But Southeast Michigan Employers Aren’t Relaxing Drug Screening Policies Read More

NYC Employers Can No Longer Use Pre-Employment Marijuana Testing to Weed Out Prospective Employees Read More

New York City Employment Marijuana Testing Ban Enacted Without De Blasio’s Signature Read More

CBD Caused Drug Test Failure, Woman Says Read More

Update: New York City’s Ban On Pre-Employment Marijuana Testing Will Take Effect on May 10, 2020 Read More

New York City Bans Pre-Employment Marijuana Tests Read More

Can You Take CBD and Pass a Drug Test Read More

Missouri School Employee Says CBD Oil Caused Her to Fail Drug Test, Lose Job Read More

School District Employee Says CBD Oil Caused Her to Fail Drug Test, Lose Job Read More

Can That CBD Oil Make You Fail Your Drug Test? Read More

Rate of Nonprescribed Fentanyl in Positive Urine Drug Screens Increasing Read More

Lamar Odom Reveals He Used Prosthetic Penis to Pass Drug Test so He Could Play at the Olympics Read More

Can Taking CBD Products Cause You to Fail a Drug Test? Read More

Legalized Marijuana or CBD Oil/Department of Transportation Drug Testing Regulations Guidance: Petroleum Marketers Association of American (Mark S. Morgan) Regulatory Alert Read More

Your CBD Product Might Cause you to Fail a Drug Test Read More

Deputy Resigns When Faced with Drug Test After Crash Read More

Ohio Employers Can Fire Workers Who Use Medical Marijuana Read More

VERIFY: Yes, Food and Medication Can Cause False Positives on Drug Tests Read More

Exposure in a Directly Observed Drug Specimen Collection for DOT Testing Read More

Ohio Employers Can Fire Workers Who Use Medical Marijuana Read More

Credit Checks

How A Bad Credit Can Keep People From A Dream Job Explained By National Debt Relief Read More

New Hampshire Senate OKs Bills to Ban Employer Use of Credit Checks, Salary History in Hiring Read More

Marijuana Legalization

Alabama Senate Approves Bill To Legalize Medical Marijuana Read More

Florida Governor Could Kill Recreational Pot Read More

Nebraska Lawmakers Approve Bill To Legalize Medical Marijuana Read More

Washington DC’s Weird Weed Economy Means Pot is Free and Stickers Cost $80 Read More

Pot Smuggling Arrests at LAX Have Surged 166% Since Marijuana Legalization Read More

NY Capitol Watch: Details Could Delay Vote on Marijuana Legalization
Read More

Medical Marijuana in Nebraska? Bill Reaches Full Legislature, But Sponsor Not Confident it Will Pass Read More

New Jersey Voters, Not Lawmakers, Will Decide On Marijuana Legalization In 2020 Read More

Military Firmly Against Marijuana, Despite Legalization Trend Across The US Read More

United States: Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights Read More

Legal Guidance for Medical Marijuana in the Workplace Remains Hazy Read More

Fact Check: Does Cannabis Legalizations Cause ‘Exponential’ Increases in the Use of the Drug? Read More

Weed Backers: State Senate Passes Legal Pot Bill, Sends it to House Read More

Medical Marijuana “Unity Bill” Takes Effect August 28, 2019: Steps Employers Should Consider Now Read More

Employers May Have To Accommodate Off-Duty Medical Marijuana Use Read More

Illinois House Approves Marijuana Legalization Bill Backed by Gov. J.B. Pritzker Read More

Ohio Employers Can Fire Workers Who Use Medical Marijuana Read More

Will Employers Still Test for Marijuana Once Recreational Use is Legal in Illinois? Don’t Keep a Pipe at Your Desk Just Yet Read More

Illinois Poised to Be 11th State to Legalize Recreational Marijuana Use Read More

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts.

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Regulatory & Legal Alerts – May 2019

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

New York

City Council Poised to Pass a Bill Barring Marijuana Drug Tests for People on Probation, Read More

NYC Passes Bill to Ban Pre-Employment Marijuana Drug Testing, Read More

Maryland

5 key Maryland Bills to Watch on the Last Day of the Session, Read More

Georgia

Records Restriction Day a Success,  Read More

Massachusetts

Change in Massachusetts Data Breach Notification Law Highlights Requirement That Organizations Implement a Written Information Security Program (WISP), Read More

Illinois

Illinois House Rejects ‘Ban-the-Box’ Law for College Admissions, Read More

Arizona

In Wake of David Stringer scandal, Arizona Teachers Will Have to Disclose Expunged Charges, Read More

New Mexico

New Mexico’s “Criminal Offender Employment Act” To Prohibit Private Employers From Criminal History Inquiry On Initial Employment Applications, Read More

New Mexico Adopts Ban-the-Box, Expungement Laws, Read More

Colorado

Polis Signs Bill Restricting Rental Application Fees and Prospective Tenant Background Checks, Read More

Texas

Texas Lawmakers Approve Marijuana Decriminalization Bill, Read More

Byrnes Critical of Background Check Bill, Read More

Three Significant New Maryland Laws That Could Impact Your Workforce, Read More

Federal Legislation

Senate Report Supports ‘Ban the Box’ Bill, Read More

Expungement Reform Gains Overwhelming Bipartisan Support, Read More

Growing Push to Eliminate ‘Conviction’ Question on Job Applications, Read More

GDPR

Privacy Shield and the UK FAQs, Read More

US Senators Shaping Federal Privacy Law Get Input From Irish GDPR Regulator, Read More

The Eyes (And Privacy Laws) Of Texas Are Upon You…, Read More

Bill Introduced to Expand NC’s Data Protection Laws, Creating New Cybersecurity Obligations and Liability Risk for NC Businesses, Read More

A GDPR Update for Employers, Part III: Preparing Required Data Protection Impact Assessments, Read More

 

Background Checks

Man Says Botched Background Check Prevented Him from Volunteering, Read More

Columbia Public Schools Strengthens its Background Check Policy, Read More

Pennsylvania PUC Releases Report on Uber’s Driver Background Check Process, Read More

Lyft Rolls Out Continuous Background Checks for Drivers and Enhanced Identity Verification, Read More

Lyft Finally Catches Up with Uber’s Continuous Driver Background Checks, Read More

Trump Administration Seeks to Expand Criminal Background Checks for Federal Job Seekers, Read More

Duluth School Board Discusses Changes to Background Policy, Read More

Detroit Schools Hire Teacher Alleged of Sexual Misconduct in Southfield District, Read More

Woman Raped by Man Living in City Homeless Camp Tells Story, Calls for Strong Leaders,Read More

Background Checks Help Businesses Safeguard Assets, Read More

How an Officer Fired Twice from One Police Department Became Chief of Another, Read More

TN: Nurse Arrest Shows Flaws in Background Checks, Read More

A Cautionary Tale on Why We Background Check Employees, Read More

Easton Charter School Dodging Inquiries on Fire Drills, Background Checks and More, Official Says, Read More

Does Your Kid’s Camp Do Background Checks on Counselors? See our list. Read More

Should You Do a Background Check on Job Candidates, Read More

Cuyahoga County Corrections Officer on Leave for Allegedly Lying on Job Application, Read More

Cook County Landlords to Have Limits Imposed on Criminal Background Checks of Potential Tenants, Read More

Despite Background Check Process, Accused Jailer’s Hiring in Harrison County a Mystery, Read More

A N.J. Teacher Fired Twice and Busted for Porn got Hired Again. Why Didn’t a New Law Stop Him? Read More

‘It Was the Right Time’: IHSA Implementing Background Checks for Officials
Read More

 

Lawsuits

The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing, Read More

Nothing More, Nothing Less: Ninth Circuit Limits the Acceptable Format of and Language in Background Check Disclosure Forms Given to Job Applicants, Read More

Wisconsin LIRC Determines Even Very Upsetting Criminal Convictions May Not Be Substantially Related to the Job, Read More

State Changes Process for Daycare Checks, Read More

Plant City Daycare Under Investigation, Accused of Abusing Toddler, Read More

 

Big Brands

Should the Church of Jesus Christ of Latter-day Saints Background Check Volunteer Clergy? Read More

Lyft Drivers Will Undergo Continuous Criminal Background Checks, Read More

Lyft Stepping Up Safety Measures, Will Conduct Daily Criminal Background Checks, Read More

Lyft Will Run ‘Continuous’ Criminal Background Checks on Drivers, Tighten ID Rules, Read More

Starbucks Prepares to Settle Lawsuits Over Flawed Background Checks, Read More

Starbucks Prepares to Settle Lawsuits Over Flawed Background Checks, Read More

Two Class Actions Alleging Starbucks Violated FCRA’s Background Report Disclosure Requirements Are Grinding Toward Settlement, Read More

Delta Settles FCRA Class Action for $2.3 Million, Read More

Delta Settles FCRA Class Action for $2.3 Million, Read More

 

Drug Testing

City Council Committee Votes Unanimously to End Drug Testing of Prospective Employees, Read More

What Causes False Positives on Drug Tests? Read More

Marijuana Testing For Job Applicants May Soon Be Banned In NYC, Read More

Closing Drug-test Loopholes Could Hit Driver Availability, Read More

Positive Drug Tests Among U.S. Workers Hits a 14-Year High, Read More

Workforce Drug Testing Positivity Climbs to Highest Rate Since 2004, Read More

The Thriving, Legally Questionable Market for Synthetic Urine, Read More

Workforce Drug Testing Positivity Climbs to Highest Rate Since 2004, According to New Quest Diagnostics Analysis, Read More

Pre-Employment Marijuana Drug Testing Goes Up in Smoke in NYC, Read More

In the Age of Legal Marijuana, Many Employers Drop ‘Zero Tolerance’ Drug Tests, Read More

Marijuana Testing of Job Applicants Is Barred by City in Groundbreaking Measure, Read More

Jersey Shore Congressman Introduces Bill to Close Drug Testing Loophole, Read More

NYC May Ban Pre-hire Marijuana Tests for Many Job Applicants, Read More

U.S. Workforce Flunking Drug Tests: A 14-Year High, Read More

As Marijuana is Legalized, More Workers Test Positive for Drug Use, Read More

Weeding Out Employees: How Will Medical Marijuana Legalization Affect Workplace Drug Testing? Read More

How Your CBD Use Could Show Up On Drug Tests, Read More

Illinois Lawmakers Push to Legalize Marijuana, Read More

Democratic State Representatives Advocate for Marijuana Legalization on ‘Weed Holiday’ Read More

What to Know About Hair Follicle Drug Tests, Read More

A Sticky Situation for Employers: New York City Council Passes Bill Restricting Marijuana Drug Testing, Read More

Marijuana Legalization Bill Debated In New Hampshire Senate Committee, Read More

Fired for Flunking Drug Tests, Medical Marijuana Patients Win Protections in New Jersey, Read More

Pennsylvania Woman Sues CBD Company After Failed Drug Test, Read More

Cheating on Employer-Required Drug Tests on the Rise in Arizona, Read More

Half Of US Marijuana Users Think They Can Drive Safely While High, Study Says, Read More

Opioids vs. Opiates: DOT Final Rule Makes Technical Corrections to Drug Testing Regs, Read More

Nation Experiencing an Increase in Rate of Fentanyl Positivity Among Urine Drug Tests Also Positive for Cocaine or Methamphetamine, According to JAMA Network Open Study, Read More

Carol Whitmire Worked at Walmart for 8 Years, Then Her Employer Discovered She Used Medical Marijuana, Read More

Ex-Riverside County Prosecutor Says She Was Unfairly Fired for Off-duty Marijuana Use, Read More

 

Credit Checks

Can My Employer Check My Credit Score? Read More

 

Marijuana Legalization

Hawaii Moves To Decriminalize Marijuana Possession In Small Amounts, Read More

‘Grow Your Own’ Medical Marijuana Bill Clears N.H. Senate, Read More

2 New Efforts To Clarify Employee Cannabis Drug Testing, Read More

Correction: Marijuana Legalization-Illinois Story, Read More

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts.

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Sex Offender Registries; The Broken System.

By Katie L. Adams-Anderton

For more than two decades, states and the federal government have struggled with how to best protect the public from sexual predators. Requiring states to register and publicize the names and addresses of convicted sex offenders has been thought to help protect the public by keeping citizens informed. However, who should register, and which information can be made public has been an area of contention between the states and the federal government.

California became the first state in the United States to have a sex offender registration program in 1947. In 1990, Washington state began community notification of its most dangerous sex offenders, making it the first state ever to have any sex offender information publicly available.

Before 1994, only a few states required convicted sex offenders to register their addresses with local law enforcement. The 1990s saw the emergence of several cases of brutal, violent sexual offences against children. Heinous crimes involving victims Jacob Wetterling, Megan Kanka and Adam Wash were highly publicized. Several state and federal law were enacted as a response to public outrage generated by highly publicized, but statistically sporadic, violent predatory sex crimes against children by strangers.

In 1994, Congress passed House Resolution 324, the Wetterling Act, requiring all states to establish sex offender registries. Until that time, only a few states had registries. This act was in response to the 1989 kidnapping of an 11-year-old boy, Jacob Wetterling. He was abducted from a street in St. Joseph, Minnesota. Jacob’s mother, Patty Wetterling, led a community effort to implement a sex offender registration requirement in Minnesota and, subsequently, nationally.

The Wetterling Act required each state to create a registry of offenders convicted of qualifying sex offenses and certain other offenses against children and to track offenders by confirming their place of residence annually for ten years after their release into the community or quarterly for the rest of their lives if the sex offender was convicted of a violent sex crime. States had a certain period to enact the legislation, along with guidelines established by the Attorney General. However, if states failed to comply, the states would forfeit 10% of federal funds from the Omnibus Crime Control and Safe Streets Act.

Under the Wetterling Act, the registration information collected was treated as private data viewable by law enforcement personnel only, although law enforcement agencies were allowed to release relevant information that was deemed necessary to protect the public concerning a specific person required to register.

After another high-profile case, abuse and murder of Megan Kanka led to the modification of Jacob Wetterling Act in 1996. Megan’s Law, which required states to make information about sex offenders deemed relevant to public safety available to the public. Before Megan’s Law, community notification had been discretionary under law enforcement agencies discretion. Under the new federal mandate, states were required to decide which information was necessary for public safety and make that information available to the public.

The most thorough legislation related to the supervision and management of sex offenders is the Adam Walsh Act (AWA). Named after Adam Walsh, a 6 year-old boy who was kidnapped from a Florida shopping mall and killed in 1981. The AWA was signed on the 25th anniversary of his abduction; efforts to establish a national registry was led by John Walsh, Adam’s father. Subsequently, multiple pieces of the AWA attempted to improve sex offender registration laws.

Title I of the resolution, the Sex Offender Registration and Notification Act (SORNA), establishes, among other things, uniform minimum guidelines for registration of sex offenders, regardless of the state they live in. SORNA requires states to widen the number of covered offences and to include certain classes of juvenile offenders.

The AWA organizes sex offenders into three tiers according to the crime committed. Registration requirements are defined by the type of offence the person was convicted. Convictions are classified into three tiers.

  • Tier 3 offenders register for life.
  • Tier 2 offenders register for at least 25 years after conviction.
  • Tier 1 offenders register for ten to fifteen years after release. (Tier I registrants may be
  • excluded from internet databases.)

However, since the passage of SORNA and AWA, states have continued wrestled with how to alter their current sex offender registries to comply with the federal statute. After more than 10 years and over 1000 bills later, 32 states are still not considered in compliance with the laws. These states continue to lose 10 percent of their federal Byrne/JAG justice funding for each year they remain noncompliant.

Some states are intentionally noncompliant. New York, for example, issued a letter citing the excessive cost of implementation and claimed the law would not increase public safety. Instead of SORNA’s crime-based tier system, New York argues that its reliance on a risk assessment that estimates an individual sex offender’s likelihood of reoffending better protects the public. Texas has cited similar reasons for noncompliance.

Other states have attempted to comply with SORNA, only to be met by judicial opposition. Ohio’s reclassification of sex offenders was held unconstitutional by the Ohio Supreme Court. Massachusetts faced similar challenges when its use of classifications for registration was also ruled unconstitutional. Courts in both cases found that retroactive registering of offenders (as required by SORNA) was at least part of what led to the illegality of the states’ registries.

One of the biggest impediments to substantial compliance with SORNA has been the law’s requirement to include juvenile offenders in the registries. Many states have opposed these requirements, citing a higher likelihood for the rehabilitation of juveniles. Other states have implemented SORNA’s juvenile requirements, only to have those actions struck down by courts.

When Peopletrail doesn’t find an applicant on the Sex Offender Registry, it can be hard to explain to clients why the applicant has a criminal record, but not on the states and the federal registries. It would be great if we could confidently search the databases for a name, but it’s not reliant enough to be trusted as a stand-alone source.

Overall, the Sex Offender Registry is exceptionally complicated and broken in its current state.


Author: Katie L. Adams-Anderton is the Compliance Manager of Peopletrail. Katie’s expertise comes from her experience in compliance, bankruptcy and debt collection law where she has held numerous positions.

Todd Williams No Comments

Employee Drug Usage; The Real Cost

By Todd Williams

Recently I read an article in USA Today, entitled, “As (the) nation struggles with (the) opioid crisis, workers bring addiction to the job.”1 The article transcends the recent legalization of recreational drug usage and the full-addiction of opioids in the workplace. The article is about Chris Tullock, a recovering addict. Decades ago, Chris Tullock was succeeding in the restaurant industry. What began as just recreational marijuana use ended with a full addiction to opioids which led her down a dark path. Since becoming clean 11 years ago, after intensive rehab, she is beginning to tell her tragic story of decline and abuse and giving us the peek into the real issues with workplace drug abuses.  What seemed like a harmless activity impacted her life and the lives of those around her. Ultimately she turned her life around and got the help she needed. However, there are many individuals among us that just don’t have the strength, courage, or knowledge of how to obtain help from the addition that is costing us all too much. 

Drug Abuse

Today there is a drug for everything and they come in all kinds of color, shape, and sizes. Some are legal, most are not. Some are only prescribed by a doctor, some are sold over the counter, while others are only sold on the street.  In today’s world of “a pill will cure it”, how can you be sure that your workplace is safe? As an employer, or as an employee, how can you be sure that the person working beside you is thinking clearly and is not going to put your life or the life of your employees in jeopardy

In addition to illegal drugs, we have also become numb to the rise in prescription pain killers which are also leading to skyrocketing drug abuse. You can find a pill for anything and, in most cases, find a doctor who will prescribe it. However, with the increase in abuse in America’s workplace, how is this affecting your ability to run a profitable, safe, and thriving business? Also, what are the real costs of drug abuse in America and what can we do as a society and as individual employers to decrease the rising costs?

Understanding the Drug Epidemic

It is estimated that over 70% of the 14.8 million Americans who use illegal drugs are employed.2  This statistic, coupled with the fact that there are so many drugs on the market today, it is difficult to understand our individual contribution as well as our country’s costs. Drugs today can be classified in many categories, including stimulants, inhalants, cannabinoids, depressants, opioids & morphine derivatives, anabolic steroids, hallucinogens, and prescription drugs.  

With all of these drugs out on America’s streets, what are the best ways to safeguard your work environment and ensure the safety of your customers, your employees, and yourself?  In recent studies, it has been found that illegal and prescription drug abuse in the United States costs us more than $271.5 billion a year, not including other costs to society such as the impact on productivity, crime, and healthcare. There has also been a steady decline in employer screening solutions due to the very low unemployment rate and the rise of recreational marijuana legalities.

Today we know that the employer costs are rising and the rate of violence in the workplace continues to increase. In a recent study by Quest Diagnostics, it stated that that the “percentage of workers testing positive for drugs hit a fourteen-year high in 2018”. “Positivity rates” (positive test results) showing drug use among U.S. workers increased nearly five percent in urine employer drug tests (4.2 percent in 2017 versus 4.4 percent in 2018), climbing to the highest level since 2004 (4.5 percent). Quest Diagnostics contends that drug usage among workers is now more than 25 percent higher than the thirty-year low of 3.5 percent recording between 2010 and 2012.”3

With the rise in individual drug usage, employer risks have increased and the costs have skyrocketed. In the same time period workplace safety and productivity, relative to the corresponding drug costs, have declined. Missed work, higher insurance costs, and lost wages have all become the normal costs of doing business and oftentimes we don’t understand that specific measures can drastically reduce our individual and collective costs.  Recently the NSC (2019) did a study on workplace absenteeism and treatment measures that could be offered to employees. They stated, “when individuals with substance use disorders receive treatment and recover, absenteeism decreases by 36% and work turnover decreases by 13% compared to a person with an active substance use disorder.”4

It is also reported that drug abuse costs the nation more than $120 billion per year in lost productivity, according to The National Drug Intelligence Center (NDIC). According to NDIC estimates, drug abuse accounts for, $49 billion in reduced work days, $48 billion in incarceration expenses, and $4 billion due to premature deaths.

Peopletrail Employer Drug Testing

With these rising costs all across America, how can you protect yourself from the rising costs of insurance, healthcare, and liability cases that swirl around us? Trust yourself and your business to an accredited TPA (Third Party Administrator) that can determine the best way to work with your requirements, your employees, your costs, and your desires. Through an initial consultation, Peopletrail will move you through an initial investigation and assessment to determine the appropriate costs, needs, and requirements to keep your work environment safe and to encourage responsible drug addiction recovery if needed. According to Wally Davis, Peopletrail CEO, “we are finding more and more drug-related concerns for our customers in recent years and the rate of increase is alarming.” Recent increases in harmful opioids are alarming and will definitely add to labor, insurance, and health-related costs.

Drug Testing varies depending upon the type of drug and specimen being tested.  Drug tests include urine, hair, saliva and can also test specific drugs. Employer Drug testing solutions are easy to administer and offer a level of confidence that assures a safe working environment. Specific pre-employment testing, including random drug testing, must be a part of your employment and Human Resource actions to help reduce the costs and increase safety in the workplace.

We all own this problem in America and it’s our responsibility to fix it. With the help of third-party drug administrators, like Peopletrail, LLC, you can be guarded against the travesties that illegal and recreational drug abuse can cause.

References:

1. https://www.usatoday.com/story/money/2019/03/29/addiction-at-work-as-employees-abuse-opioids-pot-alcohol/3232928002/

2. https://www.facingaddiction.org/resources/alcohol-drugs-in-the-workplace

3. https://www.cbsnews.com/news/american-workers-testing-positive-for-drug-use-at-14-year-high/

4. https://www.nsc.org/work-safety/safety-topics/drugs-at-work/substances

5. https://www.verywellmind.com/what-are-the-costs-of-drug-abuse-to-society-63037

Written by Todd Williams, Peopletrail Chief Revenue Officer

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Regulatory & Legal Alerts – April 2019

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State Legislation

Washingon, DC

Credit Reporting Agencies Face Pressure from Skeptical U.S. Congress, Read More

Iowa

‘Ban-the-Box’ Bill Sees Bipartisan Support in Iowa Legislature, Read More

New Mexico

The Latest: Ban-the-Box Bill Sent to New Mexico Governor, Read More

Maryland

Maryland May Help Felons Return to Work by ‘Banning the Box’ on Job Applications, Read More

California

State Law Developments in Consumer Privacy, Read More

Arkansas

Pine Bluff Mayor Sponsors Ordinance to Get Rid of ‘Felony Box’ on City Applications, Read More

Council Pulls Proposal on Background Checks, Read More

North Dakoda

Bill Obscuring Government Job Applicants’ Criminal History Signed by Burgum, Read More

Oregon

Proposal Pushes Portland Landlords to be More Forgiving of Criminal history, Bad Credit, Read More

Louisiana

State Lawmaker Aims to Require Background Checks for All Youth Coaches, Read More

‘Ban the Box’ Update to Come From New Orleans Officials, Read More

Iowa

Ban the Box to be Voted On, Read More

Arizona

Judiciary Committee Chairman Kills ‘Ban the Box’ Bill, Read More

Colorado

2019 Colorado Bills to Watch, Read More

Federal Legislation

The FTC Takes its Subpoenas and CIDs Seriously – and You Should, Too, Read More

House Holds Hearing on Proposed Expansive FCRA Changes, Read More

Bill Would Make it Illegal to Ask Federal Job Applicants About Convictions Early in the Process, Read More

Warren, Cummings Release GAO Report Recommending Stronger Consumer Protections to Prevent Another Equifax Breach, Read More

House Oversight Committee Approves ‘Ban the Box’ Bill for Agencies, Contractors, Read More

Background Checks

How Can You Tell if a Job Candidate Is Lying About Their Credentials? Read More

How Easy are Background Checks for App-Based Cab Drivers?
Read More

Reminder of Steps Employers Must Take When Requesting Credit or Background Reports, Read More

How to Prescreen Applicants using Background Checks, Read More

State Regulators Slap Largest Fine in Background-Check Case Against Energy Marketer, Read More

Navigating the FCRA’s Standalone Disclosure Requirement, Read More

Canada’s Parliament to Consider Bill Suspending Marijuana Crime Records, Read More

Stanford Imposes New Background Checks on Sports Recruits, Read More

Biometric Background Check Cracks Decades-Old Cold Case in Florida, Read More

University of Michigan Felony Disclosure Policy Draws More Criticism, Read More

Former Wallingford Man Provided Fingerprints for Background Check. Police Charged Him with Murder, Read More

Lawsuits

FCRA Claims Dismissed in Massive Equifax Data Breach Case, Read More

Court Refuses to Allow Equifax to ‘Frustrate Discovery’ by Creating Inaccessible Database, Read More

Third Circuit Rejects Consumer Claim of Injury-in-Fact Based on an Alleged Risk of Harm, Read More

Third Circuit Rejects J. Crew Customer Suit in Rigorous Application of Standing Principles, Read More

Botched Drug Test Opens Door To SC Worker’s Suit Against Testing Company, Read More

The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing, Read More

 

Big Brands

PUC Recommends Improvements on PA Uber’s Driver Background Check Process, Read More

PUC Approves Review on Uber’s Driver Background Check Process, Read More

State Agency Recommends Background Check Improvements for Uber in PA, Read More

Drug Testing

United States: Opioid Abuse In The Workplace: Employers Shouldn’t Turn A Blind Eye To The Problem, Read More

What Pregnant Women Should Know About Over-the-Counter Medication, Read More

5 Drug Test Tricks Employees Use That Might Not Work, Read More

Man Fails Drug Test From CBD Oil, Read More

Amtrak Struggles to Screen Workers for Drug, Alcohol Abuse, Report Finds, Read More

Hospital to Employees: CBD Products Containing THC Could Get You Fired, Read More

Employee Who Fails Drug Test Can Sue Drug Testing Laboratory For Negligence, Read More

Duty Of Care Owed To Employee Subjected To Drug Testing, Read More

States Moving to Ban Fake Urine, Read More

Medical Marijuana Users May Not Be Discriminated Against In New Jersey, Read More

Will Employers Still Test for Marijuana if Recreational Use Becomes Legal in Illinois? Don’t Keep a Pipe at Your Desk Just Yet. Read More

DOT Shuts Down Driver for Multiple Failed Drug Tests, Read More

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Regulatory & Legal Alerts – March 2019

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State Legislation

Washington, DC

Eken Bill Based on DL Case Would Enact More Thorough Criminal Background Checks on Care Workers, Read More

Nebraska

Lawmakers Consider ‘Ban the Box’ Bill for Private Employers, Read More

Michigan

Detroit Approves Housing Ordinance to Give Ex-prisoners Fresh Start, Read More

‘Ban The Box:’ Detroit City Council Passes Fair Chance Housing Ordinance, Read More

Georgia

Atlanta Mayor Bans Salary History Questions on City Job Applications, Read More

Indiana

Indiana Senate Advances Public Library Background Check Bill, Read More

New York

New York’s Westchester County to Implement Ban-the-Box Law Limiting Criminal Background Inquiries, Read More

Colorado

Denver’s New Program to Erase Low-level Marijuana Convictions Launches Saturday, Read More

Federal Legislation

Employers: No Time Like the Present to Scrutinize Background Check Forms, Read More

GDPR

Lack of Rules Leaves Experts Puzzled About Data Ownership After Death, Read More

Senate Banking Panel Kicks Off Talks on Data Security Bill, Read More

Background Checks

Mass. Day Care Workers to Undergo Stricter Background Checks, Read More

The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices or Improper Grammar Violate the FCRA, 
Read More

New Policy Requires University of Michigan Employees to Disclose Felonies,
Read More

Employers: No Time Like the Present to Scrutinize Background Check Forms, Read More

United States: Background Check Disclosures With State Law Information Are Illegal, Ninth Circuit Declares In Class Action Case, Read More

Nassau Lawmaker Wants Criminal Background Checks for Some Hotel Workers, Read More

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks, Read More

Nassau County May Become First In Nation To Make Background Checks Of Hotel/Motel Workers Mandatory, Read More

Nassau Considers Mandatory Background Checks for Hotel Employees, Read More

Nassau County May Become First In Nation To Make Background Checks Of Hotel/Motel Workers Mandatory, Read More

New Bill Would Require Stricter Background Checks for Childcare Providers, Read More

New Dallas Ride-Sharing Company Implements ‘Safety First’ Approach To Reduce Sexual Assault Offenses, Read More

Flight 3407 Family Members Push for Stronger Pilot Background Checks, Read More

Separate Federal and State Background Check Disclosure Forms Are Required in California, Says 9th Circuit Court of Appeals, Read More

State Senators Reject Background Check Bill, Read More

Separate Federal and State Background Check Disclosure Forms Are Required in California, Says 9th Circuit Court of Appeals, Read More

Background Check Questioned for Officer in Greensboro Death, Read More

Separate Federal and State Background Check Disclosure Forms Are Required in California, Says 9th Circuit Court of Appeals, Read More

Ninth Circuit Expands FCRA Disclosure Requirements, Read More

Background Checks Not Required for MN Camp Employees, Read More

Background Checks Not Required for MN Camp Employees, Read More

State Senators Reject Background Check Bill, Read More

Ninth Circuit Significantly Restricts Permissible Contents of FCRA Disclosure Forms – Gilberg v. California Check Cashing Stores LLC, Read More

Ride-hail Drivers Failing Checks in Mass., Read More

United States: The Ninth Circuit Demands Simplicity: Background Check Disclosure Forms That Contain State-Law Notices Or Improper Grammar Violate The FCRA, Read More

Thousands of Police Officers and Staff ‘Not Properly Vetted’, Read More

“Stand-Alone” REALLY Does Mean Stand-Alone and the Quest for Clarity, Read More

Federal Background Check Disclosure Form Must Not Include State Law Disclosures, Ninth Circuit Holds, Read More

Ninth Circuit Re-affirms Fair Credit Reporting Act’s Strict Disclosure Standards, Read More

United States: Ninth Circuit Holds That Employers Conducting Applicant Background Checks Must Use A Separate Form For Each Applicable Law Requiring Disclosures, Read More

How to Ace Your Seasonal Hiring,, Read More

Bill Would Make it Easier for New Mexicans to Expunge Criminal Records,  Read More

Lawsuits

Another “BIG” FCRA Class Settlement, Read More

Complicating Simplicity: Ninth Circuit Requires Separate Stand-Alone Documents for Employment Background Checks, Read More

Second Verse, Same as the First: Ninth Circuit Weighs in Again on Background Check Disclosures, Raising the Compliance Bar Even Higher, Read More

Court Sheds More Light on Information That Can’t Be in Background Check Disclosures, Read More

Ninth Circuit Re-affirms Fair Credit Reporting Act’s Strict Disclosure Standards, Read More

Background Checks at the Center of Changes to Food Truck Ordinance, Read More

Alabama District Court Examines Emotional Distress Damages under FCRA, Read More

Alabama District Court Examines Emotional Distress Damages under FCRA,
Read More

Big Brands

Home Depot Accused of Violating Workers’ Background Check Rights, Read More

Tens of Thousands of Ride-hail Drivers Fail Screening, Read More

Walmart Disregarded Medical Pot Laws for Injured Worker: Judge, Read More

Drug Testing

Use CBD Products? Will You Pass a Drug Test? Read More

Man Says He Failed Drug Test After Taking CBD Oil, Read More

Lemon Poppyseed Bread Caused a New Mom to Fail a Drug Test, Read More

Can CBD Oil Make You Fail a Drug Test? Read More

United States: A Drug-Free Workplace, Read More

Clemson Expecting to be Granted Extra Time for Investigation Info Failed Drug Tests, Read More

Teaching to the Drug Test, Read More

Can CBD Oil Make You Fail a Drug Test? Read More

You Can Now Drug Test for Vaping, Read More

Asking for a Friend, Again: Growing Your Own Pot, Drug Testing and More, Read More

Kettering to Drug Test all School Hires to Get ‘the Best People We Can’
Read More

Certain CBD Products Could Affect Your Drug Test,
Read More

Lawmaker Hopes Random Drug Testing Gets a Hearing this Year, Read More

Poppy Seed Bread Triggers Positive Drug Test for Depew Mother, Read More

W.Va. State Building & Construction Trades Council to Offer Drug Tests to Legislators
Read More

Utah House Passes Bill to Criminalize Fake Urine Used to Cheat Drug Tests,  Read More

EXCLUSIVE: Pre-employment Drug Tests Would be Banned Under Council Proposal, Read More

Judge Rules Against Walmart for Firing Employee with Medical Marijuana Card, Read More

Michigan Marijuana: Use is Legal, but Employers Maintain the Right to Say ‘Not on the Job’ Read More

Why Local Drug Testers Say Certain CBD Products Lead to Failed Drug Tests, Read More

Why Local Drug Testers Say Certain CBD Products Lead to Failed Drug Tests, Read More

Utah House Passes Bill to Criminalize Fake Urine Used to Cheat Drug Tests,  Read More

Bills Would Block Workers from Being Fired for Using Pot on Off Hours,
Read More

Medical Pot Poses Policy Issues for Schools, Read More

Proposed Law Would Require More Drug Testing in Fatal Accidents, 
Read More

Florida Firefighter Blames Coca Tea for Failing Drug Test, Read More

FL Firefighter Rehired after Cocaine Firing, Read More

Navigating Workplace Drug Testing Has Never Been More Challenging — Or More Critical, Read More

Indianapolis Woman’s Warning About CBD Products, Read More

Plans for Tougher Criminal Background Checks for Taxi Drivers, Read More

Nevada Lawmakers are Debating a Bill on Pre-Employment Drug Test for Marijuana, Read More

Concerns About Drug Test and CBD Use, Read More

Drug Testing At Work: What’s A ‘Reasonable Basis’? Read More

Legal Weed Leaves Employees Unprotected, Read More

Should Colorado Teachers be Drug Tested Before Being Hired? Read More

Utah Legislature Gives Final Approval to Bill that Would Criminalize Using Fake Urine to Cheat Drug Tests, Read More

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Regulatory & Legal Alerts – February 2019

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State Legislation

Pennsylvania

Clean Slate Law Offers Offenders a Fresh Start Without Public Criminal Record, Read More

New Mexico

‘Ban the Box’ No More Than a Cosmetic Solution, Read More

Colorado

Bill to Make Changes for Rental Application Fees, Read More

Minnesota

Proposed Bill Calls to Make Teacher Board Mandated Misconduct Reporters,
Read More

Virginia

Virginia Senate Backs ‘Ban the Box’ Legislation for Public Employment, Read More

Idaho

State Background Check Process Could Let Caregivers Who Abuse, Neglect to Practice, Read More

New York

United States: A New Year Brings New Ban The Box Laws To The United States Virgin Islands and Westchester County, New York, Read More

State Law Would Expand Background Checks to Non-Public School Employees, Read More

Colorado

Struck Down Twice in Colorado, the ‘Ban the Box’ Bill makes a Comeback This Week, Read More

State Lawmakers Expected To Introduce ‘Ban The Box’ Bill, Read More

Georgia

South Fulton Becomes Latest Ga. City to ‘Ban the Box’, Read More

 

Federal Legislation

It’s That Time of Year: The BCFP’s Annual Adjustment to the Maximum Allowable Charge for Consumer Disclosures, Read More

CFPB Publishes Final Rules on Civil Penalty Adjustments and Allowable Charges for FCRA Disclosures, Read More

Does a Violation of FCRA’s “Stand-Alone” Disclosure Requirement Confer Standing or Not? Read More

 

GDPR

California Consumer Privacy Act (CCPA): First of Six Public Forums Soliciting Concerns and Questions, Read More

European Data Protection Board Provides Clarifications on Territorial Scope of GDPR, Read More

Why Compliance Does Not Equal Security, Read More

GDPR Bitesize: Criminal Convictions Data, Read More

Handling Candidate Data Will Be Under the Spotlight in 2019, Read More

 

Background Checks

SCS Giving Another Round of Background Checks to Employees, Read More

Churches Ramp Up Background Checks to Ensure Safety, Read More

Churches Ramp Up Background Checks to Ensure Safety, Read More

Pa.’s Top Court Could Decide Faculty Background Check Question this Year, Read More

Delta to Pay $2.3M to Settle Background Check Dispute, Read More

Class Action Lawsuit Disputes Stanford’s Background Check Practices, Read More

He’s a Registered Sex offender. So Why Was he Allowed to Officiate Children’s Games? Read More

Lawsuit: Inaccurate Background Check Cost Applicant Position with Home Improvement Chain, Read More

WVYWA Progressive in Protecting Young Athletes, Read More

Compliance News Flash, Read More

Palmdale High School Coach Convicted in Sexual Abuse of Student Did Not Pass Background Check: Lawyers, Read More

Rude Awakenings: Are City Buses Safe or Not? Read More

Government Shutdown: Employers Confused by Loss of E-Verify Background Check, Read More

New Law Requires More Robust Background Checks for DC Teachers,
Read More

A Huge Hiring Mistake Dentists and Other Professionals Make All the Time,  Read More

MSP: School Background Checks Are the Best Deterrent to Employee Crimes,
Read More

Vermont Lottery Will Seek Criminal Background Checks for Its Agents, Read More

Walmart Faces Certified Class Over Background Checks, Read More

New York Isn’t Following Federal Background Check Requirements at Daycares: What To Know, Read More

State Background Check Process Could Let Caregivers Who Abuse, Neglect to Practice, Read More

Research Daycare with a Background Check, Read More

Research Your Child’s Daycare with a Background Check, Read More

Behind The Story: Church Hired Pastor Without Background Check — Then Said it Didn’t Matter, Read More

Women are to Get the Right to Check a Partner’s Background Under New Domestic Violence Law Named After Mother Murdered by Her Ex-Boyfriend, Read More

Keeping Coaches Honest: Man’s Arrest Raises Questions About City’s Background Check Protocol, Read More

New York Bill Would Tighten Background Checks for Private-School Employees, Read More

Automated Background Checks are Deciding Who’s Fit for a Home, Read More

Why Checking the Background of Prospective Tenants is Essential, Read More

 

Lawsuits

Delta To Pay $2.3M To End Worker Background Check Suit, Read More

Court Orders Arbitration of FCRA Claims, Stays Case as to all Defendants, Read More

Take a Load off, Fannie: Ninth Circuit Finds Fannie Mae is Not a CRA, Read More

Settlement Tracker: Delta Airlines Settles FCRA Class Action, Read More

Judge Denies HR Company’s Bid to Dismiss in Background Check Class Action, Read More

Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss, 
Read More

Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss, Read More

Ninth Circuit Holds That Fannie Mae Is Not a Consumer Reporting Agency under FCRA, Read More

Reasonable Investigation Under FCRA: Two Times Might Not Be a Charm, Read More

9th Circuit says FCRA Background Check Disclosures Cannot Reference State Laws, Read More

Judge Rules for Heartland Payment in Background Check Lawsuit, Read More

The Form Must Stand Alone: Ninth Circuit Rules that Disclosure Form Referencing State Laws Violates FCRA, Read More

The Ninth Circuit Adopts an Expansive Reading of the FCRA’s Provision Governing Background Check Disclosures, Read More

‘Clear and Conspicuous’ Disclosure About Background Checks Critical for Employers, Read More

 

Big Brands

Court Certifies Class of 5M Walmart Applicants in Background Check Suit, Read More

Wal-Mart Hit With Certification of Massive FCRA Class Action, Read More

Equifax Dodges FCRA Claims From 2017 Data Breach, Read More

 

Drug Testing

Federal Appeals Court Holds That Public School District May Drug Test Substitute Teacher Applicants, Read More

Random Drug Tests on Table for Mesa Students, Read More

Changing Marijuana Laws May Mean It’s Time to Review Drug Testing Policy, Read More

Buyers Beware: Barre Man says CBD Products Cost Him a Job, Read More

Boyle Schools Could Subject Most Students to Random Drug Tests, 
Read More

Know Your Rights: Marijuana In The Workplace, Read More

Does CBD Show Up On Drug Tests? Read More

CDL Drug Test Requirements Begin Prior to Employment, Read More

‘It happens.’ York Man Charged With Trying to Cheat Drug Test Using a Urine-Filled Condom, Read More

More Americans Could be Drug Tested if States Listen to the Labor Department, Read More

2018 Drug Testing Change Could Alter Coast Guard Figures, Read More

Senator Proposes Drug Testing for all Elected, Appointed Officials, Read More

Pro-Hemp Group Looking to See Changes to Workplace Drug Testing Laws, Read More

Bakersfield Police Using New Drug Testing Technology for DUI Check this Weekend, Read More

Police to Roll Out Roadside Drug Tests by End of February, Read More

North Dakota Senate Committee Scrutinizes School Drug Testing Bills that Critics Label Unconstitutional, Read More

Positive Drug Tests At Work Continue To Rise, Read More

Sumner County Man Fails Drug Test Because he Uses CBD, Even Though It’s Completely Legal, Read More

CBD Could Cause a Positive Drug Test, Read More

Employment Background Screening–Compliance with the FCRA, Read More

Poppy Seeds Trigger Child Abuse Case Against WNY Mom, Read More

 

Credit Checks

What to Do When Personal Identity Theft Becomes a Professional Problem,
Read More

NY Governor Wants to Limit Pre-Employment Credit Checks, Read More

Gov. Cuomo Wants to Limit Pre-Employment Credit Checks, Read More

 

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts.

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Regulatory & Legal Alerts – Jan. 2019

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

Illinois 

Augusta commissioners tackle sensitive personnel issues in subcommittee meeting, Read More.

New Mexico

Medical pot can disrupt job searches in New Mexico, Read More.

New York

Hiring Personnel in New York: Dos and Don’ts – Offer Letters and Background Checks, Read More.

Westchester may prohibit employers from asking about convictions on job applications, Read More.

South Carolina

Georgetown County School Board considers drug testing, credit checks and higher pay, Read More.

Tennessee

School staffs must undergo five-year background checks, Read More.

Washington

A new Seattle housing law forbids landlords from checking tenants’ criminal history, Read More.

Federal LegislationFederal Legislation

BCFP enters into consent order with State Farm regarding alleged FCRA violations, Read More.

CFPB announces consent order with State Farm Bank to settle alleged violations related to furnishing consumer report information and obtaining and using consumer reports, Read More.

BCFP enters into consent order with State Farm regarding alleged FCRA violations, Read More.

Background Checks

District investigates Gallup teacher after parents raise concerns Read More.

Fifth of employers ask about criminal records in potentially unlawful way, Read More.

Jon Lender: DMV faulted for lax background checks on instructors of young drivers, Read More.

Assault suspect passed background check for teaching job, Read More.

Staff background checks challenged at Pennsylvania state-owned universities, Read More.

University faculty background checks to be reviewed by court, Read More.

Nonprofit vows to start background checks after employee charged with enticement of minor, Read More.

Hillcrest Teacher Let Go After Felony Charges Discovered, Read More.

ACLU condemns Reno school policy for background checks, Read More.

State gets waiver for background checks on child care providers, Read More.

Youth sports: Background checks are a must in today’s society, Read More.

Lawsuits

Damages are no slam dunk in FCRAland, Read More.

Employers: Consider Pre-Employment Background Checks, Read More.

Preemption Not a Silver Bullet to Defeat State Law Claims, Read More.

Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss, Read More.

Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical, Read More.

FCRA Litigation on the Rise, Read More.

FCRA Disclosures: Too Much Information, Not Enough, or Just Right? Read More.

Big Brands

Judge says Uber “gravely misled” regulators and judges after chief magistrate ruled in taxi app’s favour despite husband’s links to the firm, Read More.

HomeAdvisor recommended contractor with criminal record to Union County couple, Read More.

Eastbound, but not out. Loaded up but not trucking, Read More.

Court approves FCRA class settlement against Petco, Read More.

Drug Testing

Workplace Drug Testing In The Age Of Legalization, Read More.

Eating Poppy-Seed Bagels and Other Excuses for Failing Workplace Drug Tests, Read More.

Pot shops may be open, but you can still be fired over weed, Read More.

As marijuana becomes legalized, will employment drug testing change? Read More.

Court approves FCRA class settlement against Petco, Read More.

Handwritten sign at Tennessee business advertises ‘No drug tests. No background checks,’ Read More.

Black, Latino drivers sue Amazon over firings based on background checks, Read More.

GDPR

Firms holding personal info on Canadians must meet new standard, 
Read More.

The GDPR at Six Months: The Hard Work Starts, Read More.

Update on the GDPR: Six Months in Effect, Read More.

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

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Regulatory & Legal Alerts – Dec. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

Illinois 

Augusta commissioners tackle sensitive personnel issues in subcommittee meeting, Read More.

New Mexico

Medical pot can disrupt job searches in New Mexico, Read More.

New York

Hiring Personnel in New York: Dos and Don’ts – Offer Letters and Background Checks, Read More.

Westchester may prohibit employers from asking about convictions on job applications, Read More.

South Carolina

Georgetown County School Board considers drug testing, credit checks and higher pay, Read More.

Tennessee

School staffs must undergo five-year background checks, Read More.

Federal LegislationFederal Legislation

How Elected Officials Shaped the FCRA: Congress’s Intent to Preempt State Law Claims, Read More.

No Double-Dipping Under FCRA, Read More.

Fair Credit Reporting Act Remains Fertile Ground for Compliance Issues and Litigation, Read More.

FTC Seeks Comment on Military Consumers Credit Monitoring Rule, Read More.

Background Checks

What does a background check really reveal? Read More.

Bad background checks are more expensive than you think, Read More.

Employers: Consider Pre-Employment Background Checks, Read More.

More Background Check Concerns for Crestwood School District, Read More.

Nearly 130 Chicago Public Schools employees, including 9 teachers, ousted over background check issues, Read More.

Port Authority won’t ask about criminal history in initial job applications, Read More.

Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical, Read More.

Teacher charged with attempted murder passed criminal background and reference check, records show, Read More.

Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water! Read More.

Lawsuits

Damages are no slam dunk in FCRAland, Read More.

Employers: Consider Pre-Employment Background Checks, Read More.

Preemption Not a Silver Bullet to Defeat State Law Claims, Read More.

Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss, Read More.

Can an outside investigation constitute a “consumer report” under FCRA? The Seventh Circuit appears skeptical, Read More.

FCRA Litigation on the Rise, Read More.

FCRA Disclosures: Too Much Information, Not Enough, or Just Right? Read More.

Big Brands

Judge says Uber “gravely misled” regulators and judges after chief magistrate ruled in taxi app’s favour despite husband’s links to the firm, Read More.

HomeAdvisor recommended contractor with criminal record to Union County couple, Read More.

Eastbound, but not out. Loaded up but not trucking, Read More.

Court approves FCRA class settlement against Petco, Read More.

Drug Testing

Workplace Drug Testing In The Age Of Legalization, Read More.

Eating Poppy-Seed Bagels and Other Excuses for Failing Workplace Drug Tests, Read More.

Pot shops may be open, but you can still be fired over weed, Read More.

As marijuana becomes legalized, will employment drug testing change? Read More.

Court approves FCRA class settlement against Petco, Read More.

Handwritten sign at Tennessee business advertises ‘No drug tests. No background checks,’ Read More.

Black, Latino drivers sue Amazon over firings based on background checks, Read More.

GDPR

Clinical Trials Regulation v. GDPR: how data protection affects research under Italian Data Protection rules, Read More.

GDPR compliance: Key steps in the GDPR compliance journey, Read More.

GDPR: companies should look beyond passwords, says ICO, Read More.

Ireland: GDPR And NIS: Is Your Business Subject To Additional Breach Reporting Obligations? Read More.

Subscribe to the Actionable Insight® Newsletter and stay up to date with monthly regulatory alerts

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Regulatory & Legal Alerts – Nov. 2018

Peopletrail actively tracks the regulatory and legal environment that surrounds employment and criminal background screening. Staying up-to-date with the law helps you remain compliant with the FCRA, EEOC, and other regulatory standards.  The following includes highlights of the most significant updates impacting the screening industry in recent weeks.

State

California

The California Consumer Privacy Act: Getting a Head Start on Compliance, Read More.

California Supreme Court’s Clarification of ‘Background Check’ Laws, Read More.

Georgia

Augusta commissioners tackle sensitive personnel issues in subcommittee meeting, Read More.

Virginia

New app helps keep Hampton officers and the community safe, Read More.

Federal LegislationFederal Legislation

Employers Should be Aware of New Forms for Background Check Compliance, Read More.

FCRA Filings on the Rise, Read More.

EEOC Reminds Employers of the Importance of Targeted Screening and Individualized Assessment Processes, Read More.

8th Circuit Dismisses FCRA Claims for Lack of Standing, Read More.

EEOC Continues to Scrutinize Criminal Record Screening Policies, Read More.

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA, Read More.

State Law Claims Beware: When FCRA Preempts Claims Brought Under Other Laws, Read More.

Stating a Claim Under the Fair Credit Reporting Act: A Primer on 1681s-2(b) Claims, Read More.

FTC Settles Fair Credit Reporting Act Action with Tenant Background Screening Company, Read More.

Federal Legislation Enables Consumers to Obtain Security Freezes on Credit Reports Free of Charge, Read More.

FTC Flexes FCRA Muscle with $3M Settlement, Read More.

Background Checks

Slow background checks cause staffing woes for child care providers, Read More.

Lack of state law could put school children at risk, Read More.

Employers Should be Aware of New Forms for Background Check Compliance, Read More.

In the background: A crucial step in the hiring process can be a background check, Read More.

What Cross-Border Employers Need to Know About Applicant/Employee Background Checks, Read More.

How Do Employment Background Checks Work? Read More.

Avoiding “The Predator” Controversy: Are Background Checks a Solution? Read More.

When Background Checks Go Bad: How to Fix Misinformation in Your Report, Read More.

Why Your Company Must Check People Thoroughly Prior to Hiring, Read More.

Background checks could ruin ability to rent, Read More.

Lack of Bus Driver Background Checks Closes Schools, Read More.

Requesting a Background Check to Make an Employment Decision? Read This First, Read More.

New FCRA Form to Be Used with Background Checks, Read More.

Fifth of employers ask about criminal records in potentially unlawful way, Read More.

Va. criminal database missing 750,000 cases used for gun and background checks, crime scene investigations, Read More.

Crestwood cancels classes again over background checks, Read More.

Duke’s move to ‘ban the box’ follows trend established by other universities, states, Read More.

Lawsuits

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA, Read More.

States are Immune from Suit Under the FCRA, Read More.

FTC Reaches $3 Million Settlement with a Tenant Screening Company Over Alleged FCRA Accuracy-Related Violations, Read More.

CFPB Announces Settlement with Tennessee Small Dollar Lender, Read More.

Drug Testing

Florida store owner: Don’t warm urine in my microwave, Read More.

Inside the opioid epidemic: Does your drug-free workplace policy comply with anti-discrimination laws? Read More.

Oklahoma businesses need clarity on marijuana, Read More.

Colorado pilot fired, loses license for unknowingly eating marijuana edible, Read More.

Drug testing company charged with faking truck driver results, Read More.

Cheating on drug tests on the rise in the Permian Basin, testing facility says, Read More.

New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible, Read More.

Marijuana Madness: This Is How CBD Oil Can Cause A Failed Drug Test, Read More.

OSHA Issues New Drug Testing and Incentive Program Guidance, Read More.

Drug testing company reports increase in cheating, Read More.

Chunks of hair taken from Kansas students for school’s random drug tests, parents say, Read More.

Drug testing and safety rules clarified, Read More.

Interact Sensitively with Employees Addicted to Opioids, Read More.

Credit Checks

Credit Checks And Jobs, Read More.

How your credit score impacts employment opportunities, Read More.

What employers are looking for when they check your credit report, Read More.

Why Employers Check Your Credit Report, Read More.

More Employers Are Checking Credit Reports. Should You Be Worried? Read More.

GDPR

Understanding China’s Incoming Cybersecurity Legislation, Read More.

Dramatic Increase in French Privacy Complaints Since GDPR, Read More.

Be Prepared – The German DPAs will start random GDPR audits, Read More.

New law introduced to implement GDPR, Read More.

6 Months After GDPR: What Are the Trends in How Data Transfer and Sharing in Marketing Has Changed? Read More.

UK’s Data Protection Authority Enforces GDPR, Read More.

Argentina’s new Bill on Personal Data Protection, Read More.

GDPR’s Most Frequently Asked Questions: When would a law firm be required to appoint a Data Protection Officer? Read More.

Why ‘Right To Delete’ Should Be On Your IT Agenda Now, Read More.

United States: UK’s Data Protection Authority Enforces GDPR, Read More.

Hungary: Employers unlawfully requesting criminal records from employees face fines, Read More.

Employee Data Subject Access Requests: Part 1 – where are we now and what questions remain? (UK) Read More.

A Global Roadmap To Personal Data Protection: Asia Pacific, Europe & USA – Japan, Read More.

Why Cooperating With Non-GDPR Compliant Companies Can Actually Put Your Own Company at Risk, Read More. 

5 Steps to GDPR Compliance, Read More.

How GDPR Is Prompting Renovation of Data Protection Practices Worldwide, Read More.

GDPR: Winter is coming (and enforcement is too) Read More.

On the Road to Reconciling GDPR and Blockchain, Read More.

GDPR: the ‘controller v processor’ debate in financial services, Read More.

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