Nevada Becomes First State to Restrict Employer Use of Pre-Employment Marijuana Testing

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Just a quick note to illustrate how pre-employment drug testing continues to evolve as legislation addresses increasing legalization of Marijuana for medicinal and recreational use. On June 5, 2019, the Nevada Governor signed Assembly Bill 132, making it unlawful for any Nevada employer to fail or refuse to hire an employment candidate who tests positive for marijuana on a pre-employment drug test. This law is effective January 1, 2020, and while of course there are exceptions (positions for firefighters and emergency technicians for example), it illustrates that more and more employers in the future may need to review their drug testing or substance abuse policies as legislation potentially changes state by state.

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Our Compliance Commitment to Clients

When it comes to keeping pace with the ever changing compliance landscape, you’d be amazed at just how many valuable resources we have in place to maintain our steadfast commitment to compliance and data accuracy. These valuable resources play a big role in helping keep your employment program compliant, in providing you with the highest quality background screening services available, and toward the ongoing protection and privacy of your data.

To achieve this level of service, our compliance framework includes processes designed to maximize reporting accuracy, limit disputes, and communicate updates to laws and regulations that govern the background screening process:

  1. Our Compliance Department consults with internal and external legal counsel for ongoing interpretation of law as well as regular analysis of federal and state requirements for consumer reporting.
  2. Our Compliance Department closely monitors regulation via legal blogs, case law, published opinion, and published information from our industry organization, the National Association of Professional Background Screeners (NAPBS).
  3. Our Quality Control Department audits 100% of report information before it is delivered to clients to maximize accuracy. And, we maintain comprehensive policies and procedures to help ensure that work is done accurately, efficiently, and with clients’ business rules and program compliance in mind.

By focusing on things that matter to you like regulatory compliance, quality management, and data security, A-Check Global has maintained an audited accuracy rate of >99.9%. But you don’t have to just take our word for how committed we are to compliance. We proudly maintain NAPBS accreditation and hold ISO 9001:2015 Certification.

We love keeping you in the know. If you’d like to receive our monthly compliance email, we invite you to subscribe by sending your name, company, and email address to marketing@acheckglobal.com. We’ll be happy to present you our next issue.

If you have any questions or would like to learn more about how A-Check Global is here for you please feel free to contact us at 877-345-2021 or email questions@acheckglobal.com.

The “Ban the Box” Trend Continues

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Background Screening continues to evolve as more jurisdictions pass legislation limiting the use of criminal record history during the employment process. Here’s the latest:

COLORADO:

On May 28, 2019, the Colorado Governor signed a new law prohibiting employers from asking about criminal history on an initial employment application. This restriction will begin applying to employers (with 11 or more employees) on September 1, 2019, and then to ALL employers as of September 1, 2021. This grace period gives employers additional time to update policies and practices. READ MORE

NEW MEXICO:

On April 3, 2019, the New Mexico Governor signed two bills into law. The first is a Ban the Box law (in effect June 14, 2019) prohibiting private employers from inquiring about an applicant’s criminal history on an employment application. The second law (in effect January 1, 2020) will allow certain arrest/conviction records to petition the court for expungement. READ MORE

NEW HAMPSHIRE:

Additionally, the New Hampshire House just passed a bill that—if signed into law—would restrict employers from asking about criminal history on a job application, as well as prohibit a company from conducting a criminal background check before an interview. READ MORE

Three Recruitment Strategies to Connect with Applicants

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Connecting with—and hiring—top talent seems to get more challenging every day. As you’re looking for your next great hire, keep these recruiting strategies in mind.

Strategy 1: Mobile Friendly is a Must

It’s been estimated that by 2025, 72% will use only their mobile phone for internet access—making it imperative to do all you can to reach out through mobile channels: a mobile-responsive career-page, text messaging services, or an app allowing candidates to seamlessly apply for open positions via smartphone.

Strategy 2: Rebounds are for Basketball AND Former Employees

Rehiring former employees is now much more acceptable than it was in the past (perhaps an effect of the gig economy). Former employees can offer solid value from the offset since they are more affordable to onboard and train than new employees. They’re also easier to reach and establish contact with than strangers who might respond to your job ads. Plus, if your employee left on good terms for another opportunity, their return could boost company morale and loyalty. Take a good look at those exit interviews to find former employees who would potentially welcome a new offer.

Strategy 3: Keep an Eye on College Grads

While hiring new college graduates isn’t exactly an innovation, it’s still a solid employment strategy. The sheer volume of the talent pool available makes campus recruitment a must-have component in your hiring arsenal. Live where grads live—social media. Establishing Twitter feeds, blogs, Facebook and LinkedIn pages with current job openings and clear, concise job descriptions should be a core part of any good employment recruiting program. Promote job openings on Facebook. Send Twitter feeds to highlight entry–level jobs. These are sure-fire ways to promote your organization to a large pool of recent college graduates.

The Importance of Maintaining a Compliant Pre-Employment Program

Consider this post as just a quick reminder that the compliance of your background screening program continues to be a target-rich environment for class action legal challenges from the Plaintiffs Bar. Without a careful focus on compliance, you may be subject to legal action from an applicant. ESPECIALLY when it comes to the content/presentation of your authorization forms and the timeliness of your adverse notifications. Let’s work together to help minimize your risk of class action lawsuits like these:

Starbucks: Two pending class action lawsuits alleging flawed background reports led to Starbucks declining 8,000+ job applicants may settle in coming months. READ MORE

Delta: The airline settles FCRA Class Action for $2.3 Million over allegedly giving inadequate disclosure documents when consenting to background checks. READ MORE

Working closely with a background screening company committed to compliance—like A-Check Global—can help you keep abreast of these evolving laws. If you have questions about your employment program, we welcome your call.