We’ve listed some of the more notable changes that occurred in 2019 below. Please make sure that you’re up to date with your own area’s changing legislation in order to stay compliant.

‘Ban the Box’ and ‘Clean State’ Laws

2019 saw the continuation of ‘Ban the Box‘ laws being spread, in the last decade nearly three dozen states and more than 150 communities have passed legislation that help ensure ex-offenders aren’t left out of the hiring pool.

Other clean state laws included:
-New Mexico’s Criminal Offender Employment Act
–Colorado Chance to Compete Act
–Fair Chance to Work Law – Westchester County, New York
-Clean State Laws – Colorado, Nevada, West Virginia

Pay Equity Laws

Pay equity laws took affect in Oregon, Connecticut, Hawaii, Maine, Washington, Alabama, Illinois, Missouri, New York, Kansas City, and Suffolk County in 2019. Even more pay equity laws are expected to be passed in 2020 and 2021.

These laws are being passed in an effort to close the wage gap between men and women. Most of these pay equity laws include statutes that prevent employers from asking about an employee’s previous pay history. As these laws continue to spread, please stay aware for your own hiring protocols.

Some lawmakers are adding additional concepts to these pay equity laws such as safe harbor. Colorado’s pay equity law which passed in 2019, but will take effect in 2021 encourages employers to complete internal pay equity analyses to find wage differences based on gender and remedy them.

New Marijuana Accommodations

Marijuana laws have largely changed on the state or local level within the past couple of years. Thirty-three states and the District of Columbia have now passed some form of medical marijuana law, with 11 states legalizing marijuana for recreational use.

This has been one of the largest subjects of interest for employers as they grapple with how to handle this new legislation within their own workforce.

If you have questions on marijuana legislation and how it may play a role in your own hiring and drug testing policies, we highly recommend consulting legal council about your specific state and area laws.

Some more notable legislation that took place during 2019 with marijuana included some of the following:

-New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act
-New Mexico’s SB 406
-Oklahoma’s Medical Marijuana and Patient Protection Act
-Nevada’s AB 132
-New York City’s Int. No. 1445-A
–Whitmire v. Wal-Mart Stores Inc.

Looking Forward

As we continue to move forward into 2020, we expect to see many of these same legal trends continuing to spread. Especially as new technologies and continued efforts to build a more equal workforce continue.

The post A Look Back: 2019’s Big Legal Decisions and Changes In Screening appeared first on Blueline.

What Are The Pros For Removing Marijuana From My Testing Panel?

The biggest advantage to removing marijuana from your testing panel is the ability to hire more employees. Removing marijuana from your panel will expand your hiring pool, allowing you to hire those who use marijuana either recreationally or medicinally.

I Thought I Had To Remove Marijuana From My Testing Panel?

This is a hot topic of conversation as many states have altered their specific state laws regarding cannabis over the past few years. Under federal law, marijuana is technically still classified as an illegal and Schedule I substance. And while some state laws have changed regarding whether or not marijuana can be used medicinally or recreationally, it’s important to note that rules governing marijuana and the workplace have not changed in most states. However, some states have put more defined rules into place regarding testing for marijuana. Please make sure you are familiar with your specific state laws regarding employment drug testing!

But as an employer, you can most likely exercise your right to a drug-free workplace.

Talk with your legal team or look more deeply into your state laws and employer guidelines to know what specific restrictions may apply to you and your company.

How Do I Know If I Should Remove Marijuana From My Testing Panel?

This decision is ultimately up to each employer based on what they think would be best for their company (or what specific laws they need to follow). Different factors to consider may include: your company location, the type of work your employees will be performing (safety sensitive or federally mandated positions require a drug-free workplace), and the attitude you wish to establish within your company concerning drug use.

I Need To Start A Drug Testing Program, How Do I Do That?

Great! Having a drug testing program in place is extremely beneficial to any company. It can help protect you from liability issues and ensure a safe work environment. If you’re choosing to not test for marijuana, there is a long list of other drugs and substances that can still be tested for. There are two main things you need to do to establish a drug testing program:

1. One is creating a written policy that clearly outlines your program and expectations. Doing this will allow you to hold employees accountable to your policy. We suggest consulting your legal team as to what to include in your specific policy, but some things to consider include: employer expectations regarding drug use, training for supervisors on signs and symptoms of drug abuse, outlining roles, providing education for employees on the dangers of drug use, and establishing an Employee Assistance Program that provides counseling or referrals for employees who struggle with drug problems.
2. The second thing you need to do is connect with a Third Party Administrator (TPA) who can help you manage and administer your drug tests—whether your program includes pre-employment, random, or reasonable suspicion drug testing. As a comprehensive screening provider, Blueline Services also acts as a TPA and we can help you establish your testing program. Give us a call at the number listed above or email us at mail@blueline-services.com to find out more about the services we offer.

The post Marijuana Is A Thing Now – So Why Should You Still Test For It? appeared first on Blueline.