January

The U.S. Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) recently announced a final rule establishing a national drug and alcohol clearinghouse database for commercial motor vehicle drivers.

The rule, which will be in effect by Jan. 6, requires FMCSA-regulated employers, Medical Review Officers, Substance Abuse Professionals, and other service agents to report information related to violations of DOT's drug and alcohol regulations by current and prospective employees. Records will remain in the database for five years or until the driver has completed the requirements to return to duty.

Employers will be required to query the Clearinghouse before permitting employees to operate a commercial motor vehicle on public roads and to annually query the database for each driver currently employed, among other regulations.

Washington, D.C., has joined 11 states, New York City and Chicago in an effort to prevent employers from conducting credit history screens for job applicants.

The D.C. Council Judiciary Committee unanimously passed The Fair Credit in Employment Amendment Act, which amends the city 's Human Rights Act of 1977 to include "credit information" as a protected trait.

Employers found to be in violation could face up to $5,000 in fines. There is a catch, though. The federal Fair Credit Reporting Act permits employers to request credit reports of job applicants after first obtaining written permission from the individual being screened.

The Act also requires employers to provide notification before taking adverse action. Some continue to argue that screening credit information strengthens fraud prevention, an issue that remains up for debate.

Organizations that have been using E-Verify for more than 10 years or E-Verify Employer Agents whose cases date back to more than 10 years should be aware of the Historic Records Fact Report and Fact Sheet.

Of highest importance is information regarding the disposal of historic records. U.S. Citizenship and Immigration Services (USCIS) must annually dispose of transaction records that are more than 10 years old.

April is the next time the purge will take place, so it is important for transaction records dated on or before Dec. 31, 2006, be downloaded through March 31, 2017.