There has been a surge in workplace enforcement actions by U.S. Immigration and Customs
Enforcement. This surge in investigations and penalties against employers signals a new enforcement environment which employers must carefully navigate to ensure compliance with employment eligibility verification provisions under the Immigration Reform and Control Act of 1986, while avoiding discrimination violations. READ MORE
Effective October 6, 2020: Pennsylvania Law Requiring
Mandatory E-Verify in Construction Industry
Pennsylvania House Bill 1170, known as the Construction Industry Employee Verification Act was recently passed which will require all construction-industry employers, both public and private, to use E-Verify to determine the eligibility of their employees to work in the United States. Construction companies with state contracts in Pennsylvania were already required to E-Verify new hires. The Act now makes the law statewide for the entire industry and will take effect October 6, 2020. READ MORE
SUBSTANCE ABUSE TESTING
PENNSYLVANIA DISCUSSION: Senators File Marijuana Legalization Bill
Two Pennsylvania senators—Daylin Leach (D) and Sharif Street (D)—recently introduced a comprehensive marijuana legalization bill (SB 350) which would allow adults 21 and older to possess, cultivate and purchase cannabis from licensed retailers. It also contains social justice provisions aimed at promoting equity in the industry, including automatically expunging prior marijuana convictions and providing interest-free loans to low-income individuals who want to participate in the market.
IN ILLINOIS DISCUSSION: Consider
Adjusting Your Drug Policies Now, Not Later
When considering marijuana use, employers may want to rely less on drug testing, and more on documenting potential impaired behavior on the job to build a case for termination. Under the new Illinois law, people are allowed to possess and consume cannabis products on their own time. Employers can still regulate usage and possession in the workplace. The recommendation may be to regulate cannabis in the workplace much like alcohol. That means while active impairment or possession won’t be tolerated, usage on one’s own time probably won’t be viewed as so problematic. READ MORE
New Jersey has joined a growing number of states, including Connecticut, Massachusetts and New York, in providing employment protections for users of medical marijuana. The Compassionate Use Medical Cannabis Act (CUMCA) impacts New Jersey employers in two significant ways: READ MORE
AS A REMINDER: At A-Check, we’re happy to help implement a drug screening program that meets your evolving needs—or make adjustments to the program you’re already running with us. Just give us a call at 877-345-2021 and ask to speak with someone on your Client Relations team.