First Advantage Blog

Aug 29

Newly Effective Ireland Data Protection Act Provisions

As announced by the Irish Data Protection Commissioner, two Statutory Instruments were signed by the Minister for Justice and Equality bringing previously inactive provisions of the Data Protection Act 1988 into effect.
Jul 28

Alert: 22 States with Medical Marijuana Laws

There has been a great deal of publicity on the authorized use of medical marijuana over the last ten years. State laws, implementing regulations, city ordinances and case law decisions may have changed the way your workplace Drug and Alcohol Testing Policy should read or you may need to consider addressing this issue in your policy. Legal authority is also constantly changing around this topic regularly, making it difficult for employers to determine how to address the issue of medical marijuana in their workplace testing program.
Jul 24

DHS Form I-9: Best Practice Information for Employer Form I-9 Compliance

Most employers are aware I-9 mistakes can be very costly, not to mention that many I-9 mistakes can oftentimes be minor blunders, in other words, the paperwork equivalent to failing to dot all of your I’s and cross all of your T’s.  Employers continue to face DHS/ICE Form I-9 penalties for failing to comply with Form I-9 obligations.  It is very important for employers to be aware of DHS Form I-9 requirements and have documentation of their compliance with these requirements. 
Jul 24

Fair Credit Reporting Act Compliance: An overview of Employer Obligations

FCRA Compliance:
Employers or agents of employer’s are obligated to follow the Fair Credit Reporting Act (FCRA) guidelines; therefore it is very important to understand and to document your procedures in compliance with certain key FCRA sections.  Many employers are facing class action lawsuits for failing to comply with their basic federal FCRA obligations. In addition, employers must also be aware of and may need to comply with certain state FCRA laws, such as the ICRAA in California. 
Jul 15

Article 29 Data Protection Working Party Issues Opinion on Quebec Data Protection

On June 4, 2014, the Article 29 Data Protection Working Party adopted "Opinion 7/2014 on the protection of personal data in Quebec." This Opinion assessed Quebec’s Civil Code and the Act Respecting the Protection of Personal Information in the Private Sector as to whether Quebec should be considered “adequate” under the standards imposed by the EU Directive 95/46/EC (the Directive).
Jul 08

DOT Employers: Important Update

The Office of Drug and Alcohol Policy and Compliance, with the Office of General Counsel, issued 49 CFR Part 40 Question and Answers (Q&A). Like all ODAPC/OGC Q&As, these Q&As constitute official and authoritative guidance and interpretation concerning Part 40.

Jun 30

New Zealand Actively Considering Changes to Privacy Act

Amidst the rapidly changing global data privacy landscape, the New Zealand Privacy Commissioner announced he welcomes efforts to strengthen the Privacy Act to provide better protections for individuals based on the increasing challenges related to the “digital information era.” 

Jun 11

Singapore Data Privacy Law Effective July 2, 2014

In October 2012, Singapore passed the long-awaited Personal Data Protection Act 2012(PDPA) that designed to govern the collection, use and disclosure of personal data. While the Do Not Call Registry provisions went into effect in January 2014, the meat of the legislation impacting data protection in general will go into effect on July 2, 2014. Once effective, the Personal Data Protection Commission (PDPC) will have the power to conduct investigations to determine an organization’s compliance with the law.

May 23

Ban-the-Box Legislation Continies

Delaware Governor Jack Markell has signed Ban-the-Box legislation, House Bill 167. This legislation will prohibit public (state) employers from inquiring into the criminal history records of applicants before the first interview. This legislation is effective immediately.
May 23

Ban-the Box Legislation Continues

Baltimore Maryland has become the latest City to enact a ban-the-box legislation for both public and private employers. On May 15, 2014, Baltimore City Mayor, Stephanie Rawlings-Blake approved and signed ordinance 13-0301 "Fair Criminal-Records Screening Practices". The effective date for this ordinance is August 13, 2014.

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