Compliance News: May 2020

Here are a few of the updates from our Q2 Compliance Newsletter.

Covid-19 Compliance Updates

  • DOT Guidance
    The United States of Transportation issued guidance on compliance for DOT regulated employers.
  • FMCSA Guidance
    The Federal issued an enforcement notice on expiring CDLs on March 24th, 2020.
  • Form I-9 Compliance
    The Department of Homeland Security announced flexibility with regards to requirements related to Form I-9 compliance.

Salary History Bans

InCheck has been reporting on the salary history ban trend since 2017. These laws generally prohibit such inquiries during the hiring and negotiating process. Below is an overview of some recent bans:

Philadelphia, PA
While this ban was first enacted back in 2016, it has been on hold since April 30, 2018 when it was enjoined by the United States District Court for the Eastern District of Pennsylvania. On February 7, 2020, the U.S. Court of Appeals for the Third Circuit dissolved the district court’s injunction, making the ban effective immediately. Read more here.

Cincinnati, OH
Effective March 2020, employers within the city, including job placement and referral agencies, with fifteen or more employees may not ask applicants about their salary history and may not rely on known salary histories. When requested, employers must provide a pay scale for a position for which an applicant has been provided a conditional offer of employment. Read more here.

Toledo, OH
Effective June 25, 2020, employers with fifteen or more employees are prohibited from inquiring about or using salary history to screen job candidates, in deciding whether to offer employment, or in determining salary, benefits, or other compensation during the hiring process. Employers are also prohibited from refusing to hire or retaliating against a candidate if they do not disclose their salary history. The applicable pay scale must be made available to individuals who have received a conditional offer of employment. The law does not apply to internal transfers or promotions within an organization, or to positions for which a collective bargaining agreement governs salary, benefits, or other compensation. Read more here.

*In January, we provided a list of other jurisdictions enacting salary history bans. Check out that list here.

Ban the Box Updates

Over the last two decades, a number of states and localities have passed ban the box laws, which generally prohibit employers from asking criminal history questions to job applicants.

Maryland
As of February 29, 2020, prior to conducting the first in-person interview, employers are prohibited from asking a candidate to disclose a criminal record or that a criminal accusation has been brought against them. Read more here.

St. Louis, Missouri
Come January 1, 2021, employers will be prohibited from asking a candidate to disclose their criminal history on the initial job application or any other forms used in the initial phase of the hiring process. Read more here.  

Waterloo, Iowa
Effective July 1, 2020, employers may not inquire about a candidate’s criminal records prior to issuing a conditional offer of employment unless criminal history is provided voluntarily by the candidate prior to an offer. Employers are restricted from making an employment decision based on arrests, pending charges, and convictions that have been erased, expunged, pardoned, or nullified. Employers may only rescind an offer based on a candidate’s criminal record if they have a legitimate business reason to do so.   Please note: There is currently a lawsuit against the City of Waterloo alleging that this ordinance violates state law. While preparing for the law to take effect, stay on the lookout for updates. Read more here.


Disclaimer: This blog is for general informational purposes only and should not be construed as legal advice.