Equifax The Work Number® fee increase 

Equifax Workforce Solutions (formerly known as TALX) has informed Sterling that they are making significant changes to the fee structure and price for their employment verification service, The Work Number®. Given the magnitude of these changes, Sterling needs to raise the price and modify how we charge clients for use of The Work Number®. While Equifax implemented these changes on October 1, we will not begin to pass through this increase to clients until November 1 to better enable you to manage the impact on your business. We recognize the difficulty this increase presents for our clients during these challenging times, and are committed to working with you to minimize impact.

To learn more, please log in to your account, click on Help and Resources, and search for “Important Service Updates”.

Important Update: New Guam driving record release form

Per Guam’s request, Sterling added our provider’s name on the standard release form for Guam motor vehicle record (MVR) requests. Please note you will need to complete a Guam-specific form and copy of the driver license for Guam MVR requests. Effectively immediately, please use the updated release form to request Guam motor vehicle records (MVR). Thank you for your continued trust in Sterling!

Resolved Service Advisory: Indiana federal services are available

On Friday, September 25, 2020, the Southern District of Indiana experienced a system outage. Please be advised the issue was resolved on Thursday, October 1, 2020. Fulfillment has resumed for Indiana State Federal, Indiana National Federal, and Indiana State Civil Federal services, and pending searches will be processed by end of day Wednesday, October 7, 2020. Thank you for your patience.

Maryland Salary History Ban, Effective October 1, 2020

Effective October 1, 2020, Maryland joins a growing list of state and local jurisdictions which restricts employers from inquiring into or considering applicants’ compensation histories. House Bill 123, An Act Concerning Labor and Employment (the “Act”), amends the state’s Equal Pay for Equal Work law in prescribed ways.

What Are the Amendments?

The Act prohibits all employers from seeking an applicant’s wage history either orally or in writing, and from relying on their wage history when considering employment decisions and determining their wages. An applicant’s wage history may be considered after a conditional offer, but only if it was provided voluntarily by the applicant for the purpose of supporting a wage offer higher than that offered by the employer. In such cases, employers are also permitted to confirm that wage history. Wage histories voluntarily provided by an applicant in this manner are permitted to be considered and confirmed only if the higher wage does not a create an unlawful pay differential based on sex or gender identity.

The Act further prohibits retaliation against or refusal to interview, hire, or employ an individual for not providing their wage history or for inquiring about the wage range of the position.

Violations of these prohibitions will be redressed by the Commissioner of the Division of Labor and Industry, who will order compelling compliance in response. At their discretion the Commissioner may also submit a letter compelling compliance when violations are determined, assess a penalty of up to $300 for each applicant for which the employer was noncompliant for second violations, and assess a penalty of up to $600 for each applicant for which the employer was noncompliant for subsequent violations occurring within 3 years of a previous violation. When assessing penalties, the Commissioner must consider the gravity of the violation, the size of the employer’s business, the employer’s good faith efforts, and their history of violations.

Maryland employers should review their hiring practices and policies in accordance with the Act and consult with their legal counsel. Employers should stay informed on the growing trend of salary history bans and remain abreast of these and other employment laws in jurisdictions where they hire and are located. Other jurisdictions which have recently enacted salary history bans include Colorado, Philadelphia, PA; Washington, DC; and Toledo and Cincinnati, OH, among a growing list of others.

The full text of the Act can be found Here.

The information contained herein is for informational purposes only.  Clients are encouraged to consult with their legal counsel on the impact of this new law.  Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.

This and other important legislative updates can be found on the Sterling website: www.sterlingcheck.com/resources/compliance-updates/

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.