Quarterly Compliance Update, Q4 2019

Quarterly Compliance Updates | November 6, 2019

Pending legislation for in-home contractors, rising marijuana-related arrests, and new protections for contractors are all part of this compliance update.

Each quarter, PlusOne Solutions provides a compliance update to keep you abreast of changes and updates in legal developments as well as company news. This information is provided for education only and does not constitute legal advice.

Pending In-Home Contractor Screening Legislation

A recent tragedy in South Florida has given rise to the potential introduction of legislation that will govern requirements around in-home contractor screening. As part of our work and support of our industry association, Professional Background Screening Association, we are closely monitoring the progress on this. Although just starting in Florida, the commitment to such a position is strong and we know once one state starts…the others soon follow. From our experience, we are pleased to confirm our screening package is well in line with any proposed requirements and we will work closely to ensure our customers are prepared and compliant if legislation is imposed.

U.S. Marijuana Arrests Rise Again

Last year was the third straight year the total number of persons arrested in the US for violating marijuana rose more than 21 percent higher than the total number of persons arrested for violent crimes. Of those arrested for cannabis-related activities, 90 percent were for possession only. This is a stat we are watching closely as states who have legalized the adult use of cannabis have seen a decrease in arrests in those jurisdictions and some have created prohibitions for even using these convictions.

NY Human Rights Law Extends Protections to Contractors

In September 2019, NY City Council passed Int. 0316-A which deepens the scope of the NY City Human Rights to ensure independent contractors are now protected by the Human Rights Law that will allow them to file complaints related to harassment or discrimination based on race, gender, sexuality, religion and other protected categories. The coverage applies to any business that employs or engages at least four employees of contractors combined.

Canada Creates “Dependent Contractor” Definition

Sitting between the known definitions of employee and contractor is a new concept termed “dependent contractor.” This working relationship is not an employment relationship, but a dependent contractor may be entitled to some benefits if they are “economically dependent” on another business. If a contractor if exclusively or nearly exclusively (more than 50 percent) reliant on the other contracting party’s business for income, the contractor may be entitled to reasonable notice of termination or pay in lieu. When working with independent contractors, Customers are reminded to ensure the relationships are properly structured to meet operational and business needs.

PlusOne Solutions Achieves PCI – DSS Certification Level I Certification – 2019

As an industry provider of compliance solutions, PlusOne Solutions is committed to cybersecurity. We are honored to announce we have again achieved the PCI-DSS V3.2 Level 1 certification and Attestation of Compliance. Compliance with the PCI-DSS helps to alleviate vulnerabilities and protect cardholder data. Maintaining payment security is required for all entities that store, process or transmit cardholder data. Guidance for maintaining payment security is provided in PCI security standards. These set the technical and operational requirements for organizations accepting or processing payment transactions, and for software developers and manufacturers of applications and devices used in those transactions. Read more here.

NAPBS is now the Professional Background Screening Association (PBSA)

At the Association Annual Meeting in San Antonio, TX, our professional trade association evolved into a truly global association. The new name and logo symbolize global reach, emphasizing how seamlessly the association shares information, expertise, and goals for the future of the industry.

Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel concerning their obligations and use of PlusOne Solutions services.

About PlusOne Solutions

PlusOne Solutions has been an industry leader in the risk management field by specializing in compliance programs that meet the complex challenges of geographically dispersed contractors, vendors, and employee networks. PlusOne Solutions protects companies from possible financial, legal, and reputational risks associated with contractor and vendor relationships while creating safer work environments. To learn more, visit https://plusonesolutio.wpengine.com.