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Legislative Updates October 2018

Oct 03 2018 | In: Posted on Categories Legislative Updates
New Amendment May Soon Affect FCRA Pre-Adverse Action Notice Requirements
On September 12, 2018 the Consumer Financial Protection Bureau (CFPB) issued an interim final rule that includes an updated version of the “A Summary of Your Rights Under the Fair Credit Reporting Act.” This In-Depth Analysis covers responsibilities for both CRAs and employers as it pertains to the new Security Freeze Notice.

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Illinois Law Suddenly Requires Paid Nursing Breaks
Since 2001, Illinois has required that employers provide unpaid nursing or lactation breaks for working mothers. Recently, the Illinois Nursing Mothers in the Workplace Act was amended to require Illinois employers to provide paid breaks to nursing mothers while at work.While these breaks can run concurrently with other mandated breaks, nursing mothers must be provided a reasonable number of additional breaks beyond those regularly provided to employees. The amendment also established that the new paid breaks requirement runs only for one year after the child’s birth.

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Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues
Employers that use criminal record screening must continue to be extra vigilant about compliance with all applicable laws.Notable Cases:
– Multi-million dollar settlement by a leading retailer in early 2018
– Multi-million dollar settlement involving a New York City sports and entertainment venue, including $165k in attorney’s fees

UK – Why More Ex-Offenders May Be About to Get a Second Chance
Recent surveys in the US and UK indicate that employers attitudes towards hiring ex-offenders is changing. In a recent study in the US, nearly half of the managers and half the HR professionals expressed a willingness to employ someone with a criminal record. Also, two-thirds of those HR professionals and more than 80% of managers said they thought workers with a criminal record were of equal or better quality than workers who hadn’t had a run in with the law.Perhaps impacting this change are the facts that in many countries people with a criminal record now make up a sizable segment of the population, and unemployment rates are lower in both the US and UK than they have been in decades.

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WPI Wage Watch: Minimum Wage and Overtime Developments (September 2018)
September brought about more activity around the country regarding minimum wage, overtime and tips.Notable initiatives include public listening sessions by the Department of Labor to gather information on white collar exemptions for executive, administrative, professional and outside sales employees. The DOL also released four FLSA-related opinion letters.On a state and local level, notable developments occurred in Minnesota, Arkansas, Michigan, Missouri and the cities of Berkley, CA and Miami Beach, FL.

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PNP Launches National Police Clearance System
The Philippine National Police (PNP) launched a more centralized system in applying for a police clearance. The move was in response to a presidential order to reduce requirements and streamline the application of government services to combat red tape. As part of the standardization and streamlining, all existing PNP crime-related databases will be integrated. Applicants can now apply and pay for the clearance online.

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Deleware’s ‘Clean Slate’ Bill Promises Second Chance to Drug Offenders

Nonviolent drug offenders who serve their time and remain crime-free for a year could have their federal criminal record automatically sealed under legislation introduced to the US House.The Clean Slate Act of 2018 would provide a second chance to reformed offenders of ‘victimless’ crimes such as marijuana possession, who face lifelong barriers to employment, housing and education according to the bill’s sponsor Delaware US Rep Lisa Blunt.The proposal would only pertain to federal crimes, such as offenses under the Controlled Substances Act and federal offenses involving marijuana.

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FAQs About the New Massachusetts Noncompetition Agreement Act
The recently-enacted Massachusetts Noncompetition Act provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018.This article addresses some frequently asked questions about the Act.

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Significant Compliance Challenges in New York State’s Proposed Anti-Sex Harassment Rules
New York State enacted new legislation in April 2018 targeting workplace sex discrimination and sexual harassment. The new law will require companies that have any employees in New York State to promote anti-sexual harassment policies, create and distribute a standard internal complaint form, and provide annual anti-sexual harassment training for all New York-based employees.The new requirements are effective on October 9, 2018.Draft model documents as well as a draft set of FAQs have been created, with more details below.

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Eighth Circuit Holds Individual Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure Requirement
In Auer v. Trans Union, LLC, the US Court of Appeals for the Eighth Circuit held that an individual plaintiff did not have constitutional standing to sue in federal court under the FCRA for an alleged violation of the FCRA’s authorization and disclosure requirements. In order to have standing, a plaintiff must show that he or she suffered concrete ‘injury-in-fact’ because of the defendant’s alleged wrongdoing. In Auer, the court held the the plaintiff failed to established here standing and directed the trial court to dismiss the lawsuit.Constitutional standing has been a hot topic as of late, with more details and background in the article below.

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Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA’s Pre-Adverse Action Notice Requirement
The US Court of Appeals for the Third Circuit joined recent court opinions regarding constitutional standing in Long v. Southeastern Pennsylvania Transportation Authority (septa). In order to have standing, a plaintiff must show that he or she suffered concrete ‘injury-in-fact’ because of the defendant’s alleged wrongdoing.In Long, the court held that the plaintiffs established standing for one type of violation or the FCRA’s pre-adverse action notice requirement, but not the other – failing to provide them with information about their rights under the FCRA before doing so.

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Maine’s New Court Record Search Procedure
The Maine Judicial Branch has fully implemented its new procedure for all civil and criminal search requests. The Judicial Branch Service Center is the central location for all mail and walk-in record search requests for all District and Superior Courts in the State of Maine and Violations Bureau.Notable changes:
– Walk-in and Mail search requests are no longer honored at local individual courts
– One must have the case number to obtain documents in person
– All requests must now be made on the agency’s Request for Records Search Form
– Fee is $20 per name, per location
– Expected to delay Turnaround Time by 5 daysExceptions and Special Consideration or Private Investigators

In Cumberland County, the Superior Court, and the Portland District Court are conducting walk-in civil and criminal search requests.

These are the only two courts in the state to be exempt from the Service Center.

Private investigators my receive immediate walk-in services at all individual Maine courts, instead of mailing the Service Center upon providing his/her current license.


New York City Law Requiring Employers to Engage in a “Cooperative Dialogue” for Accommodation Requests Takes Effect October 15, 2018
A new law amends the New York City Human Rights Law to require most employers to engage in ‘cooperative dialogue’ when an employee requests an accommodation related to his or her religious beliefs, disability, pregnancy, childbirth or related condition, or because the employee was a victim of domestic violence, sexual violence or stalking.The law become effective October 15, 2018.While the law doesn’t expand the circumstances in which an employer must provide accommodations to employees. It does, however, change the procedures in which employers need to apply when provided a request for accommodation. The law requires employers to engage in good faith in written or oral dialogue to discuss an employee’s needs. If the employer can’t satisfy the accommodation, then it is required to discuss the difficulties that the request would pose on the employer and to suggest potential alternatives that may meet the employee’s needs.

Further details can be found in the article below.

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