Compliance News Flash

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Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important to your organization.

  1. San Francisco's Board of Supervisor's passed a pay equity ordinance on July 11, 2017 which is now awaiting the Mayor’s signature. The “Parity in Pay” ordinance will become operative July 1, 2018. The ordinance will ban private employers from inquiring about and considering a job applicant’s prior salary history. It will also apply to certain contractors working with the city of San Francisco. To learn more about the ordinance and what other states and cities are doing with respect to pay equity legislation impacting employee onboarding click here.
  2. Effective July 1, 2017 additional restrictions were placed on employers in California regarding consideration of criminal history for employment screening purposes. 2 CCR § 11017.1 spells out certain criminal history information employers are prohibited from seeking or considering (e.g., arrests that did not result in conviction, non-felony convictions for possession of marijuana more than two years old). The law also requires employers consider the potential adverse impact when considering criminal convictions and if necessary, establish that use of such information during hiring is job-related and consistent with business necessity..
  3. Friday (July 21) is the last day for early bird registration to the NAPBS Annual Conference in Orlando in September. For my readers and clients who are in the background screening industry, I look forward to seeing you at the NAPBS conference. I will be a presenter at the following session -- Can or Should Background Screeners Report Name and Address History on Consumer Reports to End-Users?
  4. The Federal Trade Commission (FTC) announced internal process reforms to streamline information requests and improve transparency in Commission investigations. The Bureau of Consumer Protection identified best practices in these areas and announced reforms related to Civil Investigative Demands (CIDs) which the agency issues in consumer protection cases. The reforms include, among others, providing plain language descriptions of the process, adding detailed descriptions of the scope and purpose of the investigation, and increasing response times for CIDs. To read more click here.
  5. I have previously written (click here) about the FCRA Liability Harmonization Act (H.R. 2359) which would amend the Fair Credit Reporting Act (FCRA) to place caps on damages stemming from class action litigation. Although things are always fluid on Capitol Hill, it is possible that the House Financial Services Committee may markup the FCRA Liability Harmonization Act by the August recess.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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