New Employment Laws 2022

Keeping up with local, state and federal employment laws is crucial to doing business to protect your customers, managers, employees, board of directors and brand reputation.

Laws change frequently, so it’s up to your HR department or legal team to research, adopt and implement methods and strategies to observe and ensure complete and continuous compliance with them.

Whether your business is considered a startup, small-to-mid-sized business, corporation or government entity, there are certain laws you need to know about and manage within your organization.

New Employment Laws in 2022 Regarding Background Screenings

There is a fine balance between conducting background screenings and protecting people’s privacy. Lawmakers regularly work to toggle that line, respecting the interests of both parties as fairly as possible.

Like every year, it’s essential that your team learns about new employment laws for 2022 to determine how to proceed legally to avoid any problems when you need to conduct important background screenings.

Let’s look at some of the new federal, state and local employment laws this year to keep your business protected this year and beyond.

1. Federal — The Fair Chance to Compete for Jobs Act of 2021, aka The Fair Chance Act

The Fair Chance Act (the “Act”) went into effect December 20, 2021, and applies to all federal agencies and contractors doing business with the federal government. The crux of the Act is that until a federal body makes a conditional employment offer, they cannot inquire about any criminal history during the application process.

There are some exceptions to the Fair Chance Act, including positions associated with national security and law enforcement and jobs wherein staffers have access to classified information.

2. State and Local — Marijuana Screening Laws

Although you’ll need to check your respective state laws on marijuana screenings, we’d like to share a few with you in case they might apply to your area:

  • Connecticut. According to Connecticut’s new marijuana regulations, which go into effect July 1, 2022, employers cannot take any adverse action against job applicants and candidates who have previously used marijuana before their hiring date. Once an employee is on the payroll and if he or she tests positive for marijuana, an employer can take adverse action then and only then. Exceptions to the prehire rule include jobs that involve supervising children, driving or any job that might impact public health safety in any capacity.
  • Philadelphia. As of January 1, 2022, Philadelphia employers may no longer require preemployment marijuana testing. Exceptions to this law include jobs that involve commercial driving and the supervision of children.

3. City — Fair Hiring Laws

Local municipalities continually strive to improve fair hiring laws. Here are some to keep in mind in 2022:

  • New York City. Effective July 29, 2022, New York City will enact amendments to the New York City Fair Chance Act, which requires employers to conduct all noncriminal background screenings before making a conditional job offer. Additionally, employers may only conduct motor vehicle and criminal background checks after making an offer of employment.
  • Philadelphia. Philadelphia amended its existing Fair Criminal Record Screening Standards (FCRSS) that went into effect on April 1, 2022. The amendment expands the current regulations to cover gig workers and independent contractors in criminal history matters. The FCRSS now prohibits employers from asking candidates about their criminal history on applications and during interviews. 

Do You Need Help Keeping Up With the Latest Employment Laws for Background Screenings?

Whether you have questions about criminal background checks, drug screening, criminal inquiries or any other employment screenings, our expert team at Global Verification Network can help. We focus on helping you hire confidently while complying with the latest employment laws.

Contact us today to learn more about our services to keep your business safe and legally compliant.