June 16, 2020
Employers should be aware that multiple states will be implementing new employment laws on July 1, 2020.
Many proposed bills were put on hold due to the COVID-19 pandemic. However, on July 1 2020, several states are putting new employment laws into effect. Numerous others will be added throughout the year.
Key topics include:
• Marijuana related laws.
• Differentiating between employees and contractors.
• Anti-discrimination laws.
• Paid sick leave.
• Wage transparency.
Backgrounds Online does not provide legal advice but we keep up with bills that affect the hiring process. Here are a few state laws you may need to review prior to July 1, 2020.
Waterloo, Iowa is implementing a new Ban the Box law. To learn more and find a link for the complete text of this bill, see our previous blog entry.
Assembly Bill 533 (AB533) “generally decriminalizes the purchase, possession and use of marijuana and marijuana paraphernalia for persons who are 21 years of age or older.”
This could affect organizations that have zero-tolerance drug policies. Because certain offenses are being decriminalized, older convictions may become eligible for expungement. If that happens, then those records would no longer be publicly available. Therefore, sealed or expunged convictions for older drug-related activities could not be considered by employers when making business-related decisions.
Virginia is implementing several new laws that serve to decriminalize marijuana possession. Employers should know they cannot review older criminal records for offenses that are no longer deemed crimes.
Virginia has specific classifications for employees and independent contractors. If a worker is intentionally misclassified as a contractor, then the updated Code of Virginia law empowers that person to attempt to collect damages, including salary and benefits, from their employer.
The laws referenced here are only a few of those that go into effect in 2020. Many begin on July 1, but new and updated bills will be implemented throughout the year. Employers are encouraged to consult with their legal counsel and review laws that will be enforced where they operate.
After considering all relevant state, federal and local laws, organizations may need to update their hiring and screening policies. Revised policy documents should be shared with everyone who is involved in the hiring and onboarding process.
2020 is a year of great change throughout the United States. Businesses are finding new ways to operate as we go through a pandemic, social unrest and other serious issues. One thing that remains consistent is the need for comprehensive background screening services. Every employer relies on current, accurate background reports when making business decisions and striving to maintain safe workplaces.
When you’re ready to run background checks for your organization, please contact us. Our team is highly experienced and can help you develop customized screening packages that are ideal for your industry and areas of operation. We continue to work remotely and are available to assist you Monday through Friday from 7am to 6pm PT.