In June 2019, Nevada became the first U.S. state to ban employers from failing, or refusing, to hire a prospective employee because the person “submitted to a screening test and the results of the screening test indicate the presence of marijuana.”

Nevada Assembly Bill No. 132 takes effect January 1, 2020. The law does not apply to applicants for positions as firefighters, emergency medical technicians, operators of motor vehicles who are required to submit to drug tests or any other positions that “in the determination of the employer, could adversely affect the safety of others.” The law also does not apply if it conflicts with an employment contract or collective bargaining agreement, if the position is funded by a federal grant or “to the extent that [it] is inconsistent or otherwise in conflict with provisions of the federal law.”

The law also includes a provision stating that if an employer requires an employee to submit to a drug screening test within the first 30 days of employment, they must also allow the employee to submit to an additional test at the employee’s expense and “accept and give appropriate consideration” to the second test.

The New York City Council passed a similar bill earlier this year that would ban most employers from requiring job applicants to submit to drug tests for marijuana. That law goes into effect on May 10, 2020. It exempts many positions including law enforcement, construction, jobs that involve the supervision of children and medical patients, federal and state employees or contractors, and truck drivers and pilots.

Employers in Nevada and New York City should review and revise their drug testing policies and determine which positions could be exempt under either law.

At least 34 states and the District of Columbia have laws permitting at least some form of medical or recreational marijuana use, and some court rulings indicate that employers should proceed with caution when it comes to medical marijuana, as we discussed in a previous Compliance Corner article. With the complicated patchwork of laws, employers should work with attorneys to ensure their policies are compliant with all applicable laws.

Compliance Corner is a feature from PeopleScout. Once a month, we’ll be featuring a compliance issue that’s in the news or on our minds. Understanding the patchwork of labor laws across the world is complicated, but it’s part of what we do best. If you have questions on the compliance issue discussed in this post, please reach out to your PeopleScout account team or contact us at marketing@peoplescout.com.

In an effort to fight modern slavery and human trafficking, some nations, including the UK, France and Australia, have implemented supply chain reporting laws that require larger companies to publish yearly statements about the steps they take to minimize the risk of modern slavery infiltrating their business, including supply chains. The goal is to get large companies involved in eradicating modern slavery.

According to the International Labour Organization, an estimated 40.3 million people are in modern slavery, including forced labor, and 25% of modern slavery victims are children. Forced labor is defined as, “all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.”

Both the UK and Australia have passed laws designed to fight modern slavery. The Modern Slavery Act of 2015 applies to companies who do business in the UK with a global annual revenue of £36 million. Each company is required to annually produce and publish a slavery and trafficking statement in a “prominent” place on their company website every year. This requirement applies to any company doing business in the UK, regardless of where that business is located.

Australia passed a similar law in 2018, the Modern Slavery Act of 2018, which took effect at the start of 2019 with the first public statement due by mid-2020. The Act requires companies who do business in Australia with a consolidated revenue of $100 million or more to report annually on the risks of modern slavery in their operations and supply chains and the steps they took to address those risks. The statements will be stored and publically available on the Modern Slavery Statements Register.

In both cases, noncompliant companies run the risk of negative public perception, including with job candidates and customers. Moreover, the UK law is currently under review, with legislators proposing to significantly strengthen the law by imposing a fine and banning non-compliant companies from public contracting.

Compliance Corner is a feature from PeopleScout. Once a month, we’ll be featuring a compliance issue that’s in the news or on our minds. Understanding the patchwork of labor laws across the world is complicated, but it’s part of what we do best. If you have questions on the compliance issue discussed in this post, please reach out to your PeopleScout account team or contact us at marketing@peoplescout.com.

At least four U.S. states are currently evaluating new laws or updates to existing laws regarding the collection and storage of biometric data. These laws include fingerprints, retina or iris scans, voiceprints or scans or records of hand or face geometry. Depending on the state, laws can also include things like keystroke and gait patterns as well as sleep, health and exercise data that contain identifying information.

Three states, Illinois, Texas and Washington, already have biometric data laws in place. Illinois passed the first law, which went into effect in 2008. Now the state is considering updates. The original law requires any private entity collecting biometric data to inform the subject in writing that their biometric data is being collected or stored and why and how long that data will be stored. The organization needs to receive a written release and cannot sell, lease, trade or otherwise profit from that biometric data. The law also includes a right of action, allowing any person whose data is collected or used inappropriately to file a lawsuit. A current bill in the Illinois legislature would amend the Biometric Information Privacy Act to remove the private right of action, so violations would be handled by the Illinois Department of Labor or Attorney General of Illinois.

Arizona, Massachusetts and Florida are considering their own biometric data laws. The proposed laws vary on what is considered biometric data and inclusion of a private right of action. However, they are similar to other existing laws.

Because of the growing popularity of this type of legislation, employers should ensure any systems they have that collect biometric data meet new and existing legal requirements. Systems include timeclock or security systems that include a fingerprint or retina scan, wellness programs that include sleep or exercise tracking or video interview platforms that use facial recognition or face scanning technologies.

Compliance Corner is a feature from PeopleScout. Once a month, we’ll be featuring a compliance issue that’s in the news or on our minds. Understanding the patchwork of labor laws across the world is complicated, but it’s part of what we do best. If you have questions on the compliance issue discussed in this post, please reach out to your PeopleScout account team or contact us at marketing@peoplescout.com.

A new California law that took effect in January 2019 requires workers in certain industries to undergo training on how to identify victims of human trafficking. The law is designed to “encourage employers to take all reasonable steps necessary to lead to the rescue of human trafficking victims and prevent any kind of human trafficking in their establishments.”

In 2018, California Governor Jerry Brown signed into law SB970, which requires hotels and motels subject to the Fair Employment and Housing Act (FEHA) to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee likely to interact or come into contact with victims of human trafficking. This requirement includes employees who work in a reception area, perform housekeeping duties, help customers in moving their possessions or drive customers.

The training needs to last at least 20 minutes and include the following:

• The definition of human trafficking and commercial exploitation of children.
• Guidance on how to identify individuals who are most at risk for human trafficking.
• The difference between labor and sex trafficking specific to the hotel sector.
• Guidance on the role of hospitality employees in reporting and responding to this issue.
• The contact information of appropriate agencies, including, but not limited to, the National Human Trafficking Hotline toll-free telephone number, 1-888-373-7888, and text line, 233-733, and the telephone numbers of the appropriate local law enforcement agencies.

Current employees need to receive the training by January 1, 2020. New employees must receive the training within six months of starting their new position, and all employees who are likely to interact or come into contact with victims of human trafficking must receive the training every two years

Compliance Corner is a feature on the PeopleScout blog. Once a month, we’ll be featuring a compliance issue that’s in the news or on our minds. Understanding the patchwork of labor laws across the world is complicated, but it’s part of what we do best. If you have questions on the compliance issue discussed in this post, please reach out to your PeopleScout account team or contact us at marketing@peoplescout.com.

After the #MeToo movement drew attention to issues of sexual harassment in the workplace, the Equal Employment Opportunity Commission (EEOC) signaled it would increase enforcement of sexual harassment claims. Now, data released by the agency reveals a dramatic increase in enforcement in 2018.

Here are some of the key statistics:

• The EEOC filed more than 50 percent more lawsuits alleging sexual harassment than in 2017, totaling 41.
• Charges filed with the EEOC alleging sexual harassment increased 13.6 percent over 2017.
• The EEOC successfully resolved 498 charges alleging harassment, which was a 43 percent increase over 2017.
• The EEOC recovered nearly $70 million for victims of sexual harassment in 2018, an increase of more than $22 million from the year before.
• Traffic to the sexual harassment page of the EEOC website increased by more than 50 percent in 2018.

As part of this increased enforcement, the EEOC also developed tools to help both employees and employers combat sexual harassment. The “What to Do if You Believe You Have Been Harassed at Work” guide helps employees understand their rights and provides information about how to file a charge of harassment with the EEOC. For employers, the “Promising Practices for Preventing Harassment” guide helps businesses develop leadership and accountability, a comprehensive and effective harassment policy and effective policies and compliant systems. The commission also held more than 1,000 outreach events and revised its own internal sexual harassment policies.

Employers should expect increased enforcement to continue in 2019. Sexual harassment continues to be a hot topic, with several states, including New York, updating or passing new legislation governing the types of policies and training employers need to have in place.

Compliance Corner is a feature on the PeopleScout blog. Once a month, we’ll be featuring a compliance issue that’s in the news or on our minds. Understanding the patchwork of labor laws across the world is complicated, but it’s part of what we do best. If you have questions on the compliance issue discussed in this post, please reach out to your PeopleScout account team or contact us at marketing@peoplescout.com.