Blog, Resources
New York City will soon prohibit employers from requiring job applicants to submit to testing for the presence of tetrahydrocannabinol (THC), which is the active ingredient in marijuana.
This bill, Introduction No. 1445-A, was approved by the New York City Council on April 9 and was enacted after the 30-day deadline passed without a signature from the mayor. It will go into effect in a year.
This is the first law of its kind to ban pre-employment testing. While other states have permitted medical or recreational use of marijuana, none have passed laws that ban employers from testing job candidates. The state of New York is among the group of states that have not legalized the recreational use of marijuana, which makes the passage of this bill a bit surprising.
Introduction No. 1445-A amends the New York City Human Rights Law. It states that “except as otherwise provided by law, it shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinol or marijuana in such prospective employee’s system as a condition of employment.”
Exceptions
The following exceptions to this law are provided for safety and security sensitive jobs, as well as federal or state contract employees.
- Police officers, peace officers or any position with law enforcement
- Commercial drivers
- Construction or demolition workers
- Positions for which testing is mandated under federal law or contract
- Positions requiring supervision or care of children, medical patients, and persons with physical or cognitive disabilities
- Positions that significantly impact the health and safety of employees or the public
Employers in New York City should review their policies on pre-employment drug testing. These procedures should be revised to comply with the new law.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Blog, Resources
A small business is a growing business, and often this results in employees being expected to do their share and wear many hats for the company. That’s what makes a good hire in these situations so valuable. Just one bad employee can have a detrimental effect in many areas of the company.
Small businesses often hire family and friends thinking they are reliable and trustworthy. While they are in most cases, all it takes is one bad apple to leave a bad taste in your customer’s mouth. Let’s say you hire a family friend for the summer. What could go wrong, right? What if you found out three months down the road that they had a DUI just weeks before you hired them? Would you still want them to drive company vehicles?
CareerBuilder research found that nearly 3 in 4 small business employers have hired the wrong person for a position. Add to that the amount of money you’ve spent on training and the amount of money you’ve lost from customers, and that single bad hire has more of an effect on your business than you ever expected. Of those companies with bad hires, 17 percent say one bad hire cost between $1,000 and $2,500, 20 percent say it cost between $2,500 and $5,000, and 11 percent say it cost between $5,000 and $10,000.
Make an investment in your company
Consider running a background check on new hires. Discovering a candidate embellished their education or work experience before adding them to the team can save a business valuable time and money. As much as you might think you know about an applicant, it’s still important. Running a criminal background check along with employment verifications will tell you what you need to know when hiring. When the well-being of the team and the company are at stake, it is always a good idea to make the investment in running background checks.
It is also a good idea to work with legal counsel to create consistent hiring practices. By specifying the type of background check to run for certain types of positions, this will help a small business create a hiring procedure when adding new employees. Background screening can improve your regulatory compliance and workplace safety, and it can reduce the chances of you facing a negligent hiring claim.
Many small businesses think that background checks are too expensive or complicated, however, with SELECTiON.COM®, this is not the case. We will develop an effective, efficient, and compliant screening solution based on your needs.
Outsource background screening
Do-it-yourself background checks can be inaccurate and limited. It is in a business’s best interest to outsource background checks. Background screening is a regulated industry and if these applicant protections aren’t met, a small business also runs the risk of litigation from its own employees.
Background check companies have the resources to complete a thorough background check more efficiently and effectively, since they have their own researchers and verification specialists to gather the information you need. A good background screening company will be up to date on the latest local, state and federally mandated regulations for background checks.
There are many reasons why SELECTiON.COM® is the right choice for businesses, big or small. We offer customizable background check packages, the largest national criminal database, integrations with HR management software, and excellent customer support.
Customized Offerings:
In addition to access to the most comprehensive, up-to-date criminal database in the country and a nationwide network of criminal researchers, we have also customizable pre-employment background checks to help you make the right decision about a job candidate.
Criminal Database:
Our Search America® Background Check is the standard in national criminal database searches. With over 1 billion records, from over 1,500 different sources, Search America® is an unparalleled tool to combine with prime source searches to ensure you have the most complete picture available of your applicant.
Integration:
SELECTiON.COM® is integrated with HR management software, including the top applicant tracking systems. We offer our proprietary applicant entry process at no additional cost.
Customer Support:
Our 5 Star customer support staff have an average tenure of 7.5 years within the company. They are all located in-house and are available to you 8am-8pm, Monday-Friday.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Back to Basics, Blog, Resources
Drug testing as part of the Drug-Free Workplace Program has been successful in lowering the rates of positive tests. Nearly seven in ten Americans have used drugs while they were at work, according to a recent Detox survey of 1,000 Americans.
All companies, whether just starting out with drug testing or reviewing current processes, should be sure that it is effectively communicated to both employees and applicants. A drug testing policy should address which employees or applicants will be tested, the circumstances under which testing will take place, what substances will be tested for and what the consequences will be for a positive test.
There might be additional policies for safety sensitive positions, union guidelines or other entities like the U.S. Department of Transportation (DOT) guidelines for regulated motor carriers, airline pilots, train operators and others.
It is important to have a drug testing policy reviewed by an attorney experienced in drug-free workplace issues to ensure compliance with state and federal laws, including the Americans with Disabilities Act.
When drug testing should occur
- Pre-employment
- This will avoid the hiring of individuals who are actively abusing drugs.
- Post-incident
- People using drugs are at increased risk of errors and injury. This also may help protect the employer if there is any litigation following the incident.
- Reasonable suspicion
- In your company policy, define the factors that may give rise to a reasonable suspicion, including objective factors, such as an employee’s appearance, speech and behavior, as well as, any other information specific to your workplace.
- Random
- Drug testing should be done randomly for people who work in safety-sensitive positions.
Types of drug testing
- Urine Drug Testing (UDT)
- Urine is the most commonly tested substance for drugs. It is easily obtained and there is a broad range of testing that can be done. There are very specific guidelines when observed collection is indicated.
- Oral Drug Testing
- Collecting oral fluids makes it much harder to compromise testing. At this time, oral fluid testing cannot test for as many drugs as urine drug tests, but this technology is improving rapidly.
- Hair Testing
- Hair testing is more expensive than urine and oral fluid testing. It does have the advantage of detecting any drug over the previous 90 days.
What substances should companies test for?
It is very important that employers remain current on what drugs they are testing for. Many companies use a standard 5-panel test that will miss most drugs of abuse.
A 10-panel urinalysis is by far the most popular for companies. This type of drug panel searches the top five street drugs (cocaine, heroin, meth amphetamines, marijuana, phencyclidine (PCP) and the top five prescription drugs (benzodiazepines, quaaludes, methadone, propoxyphene, barbiturates). Other drugs may be added to or subtracted from this panel as specific requirements warrant.
Thirty-three states and the District of Columbia have currently passed laws legalizing marijuana in some form. Some companies have even stopped including marijuana on pre-employment drug tests. When it comes to federal law, marijuana is classified as a Schedule I drug.
It is important to know the drugs that are commonly abused in your area. It may be helpful to call one of your local substance abuse treatment centers for this information.
SELECTiON.COM® is a (TPA) Third Party Administrator for our clients that wish to utilize drug screening as part of their background screening. We partner and integrate with Quest Diagnostics™, the world’s leading provider of diagnostic testing, and Medical Review Officer (MRO) and Doctor’s Review Service (DRS).
We offer random drug screening for companies who have a random drug testing policy.
SELECTiON.COM® will work with your company to help you navigate applicant drug testing and the results.
Contact us today to see how SELECTiON.COM® can take your employment background check process to the next level.
NOTE: The contents of this article are not legal advice for your particular situation. You should neither act nor rely upon anything stated in this article without first consulting your own legal counsel.
Blog, Resources
The New York Legislature recently passed their 2019-2020 state budget and the bill includes changes that will have an effect on criminal research in the state. The budget includes a fee increase for the Office of Courts (OCA) criminal records access as well as a change in how records appear in the search results.
Fee Increase
The OCA fee increased from $65 to $95. The change is in effect as the budget has been signed by the Governor. The fee applies to NY Statewide searches as well as the following counties, which can only be searched through the OCA database:
Allegany, Bronx, Bronx Borough, Brooklyn Borough, Cayuga, Kings, Manhattan Borough, Montgomery, Nassau, New York, Orleans, Queens, Queens Borough, Richmond, Staten Island Borough
Record Reporting Change
Undisposed (pending) cases will no longer be accessible in the criminal records search. This part of the bill will require extra time for implementation and the state has one year from the date the bill is signed to fully remove these cases from the report.
Feel free to contact us with any questions.
