The trend for ban-the-box laws continues to grow, so it is surprising that some employers still have pass/fail policies and processes for background checks that eliminate applicants from consideration without any individualized assessment.

Do you have employees who drive for work purposes? Are you aware of everyone who does so for your company? Most importantly, do you have policies and procedures in place for checking motor vehicle records on all employees who drive for work purposes, and is your staff aware of the policies?

Here we are at the beginning of a new year again. This is a good time to review all of your background and drug screening forms, policies, and procedures.

If you are using AI information in making employment decisions your activity could fall under the Fair Credit Reporting Act (FCRA) and therefore require compliance with the FCRA.

 

The state of California can be a challenge for employers who want to conduct background checks for employment purposes. The state has restrictions on using credit checks for employment decisions which have very restrictive exceptions.

The legalization of marijuana use, either for medical, recreational, or both, has led to an increase in positive marijuana tests as reported by Quest Diagnostics. In 2019 the percentage of positive tests was 3.1%. In 2023 the number rose to 4.5%. However, the number of positive tests is not the only thing that has gone up. The number of workers cheating on their drug tests has also risen.

It’s summertime and parties, vacations, weekend get-a-ways, and public celebrations are increasing.  We are more likely to relax and let our guard down as we enjoy barbeques, birthday parties, or family get togethers. One thing we should not let our guard down on is drug and alcohol testing.

Summer is almost here, and orange barrel mating season is well underway. The nice weather also brings more motorcycles, cars pulling boats, and large recreational vehicles on the roads. In other words, there are a lot more hazards on the roads.

Spring has sprung and hopefully all the April showers will bring May flowers. This is a good time for companies to “spring clean” their documents, processes, and procedures, particularly those that are part of background checks.

Last week I read a post on LinkedIn where the poster shared her need to be busy all the time. It caused me to recall how often my dad used to say, “Do something while you are resting.” That fostered a need in me to keep my hands busy all the time.

As more states and cities make marijuana legal in some format, we can expect drug testing laws to change, and they are. It should not be a surprise that California has already put a new law in place as of January 1, 2024.

Entitled is a word that we hear a lot these days. It is often thrown around casually to describe groups of people and individuals even when not necessarily a fair assessment. But have you ever had to work with people who are truly entitled? They could be a boss, co-worker, or perhaps a vendor or supplier.

It seems like just a minute ago it was January. Now summer, with all of its holidays and vacations, are gone and Halloween is just a memory. We are heading into Thanksgiving, Christmas, and all of the other holidays that come between now and the end of the year.

Now that marijuana has been legalized for recreational use in Michigan and 23 other states and all 50 states have legalized some form of use – from CBD oil only to medical marijuana to fully legalizing use – employers are wondering if they should continue to have applicants/employees submit to drug tests.

In this day and age it is hard to believe, but there are still so many employers who either don’t run employment background checks on applicants/employees, or they use free online systems without considering the pitfalls of relying on these free sites.

As I sit in a hotel room in Texas the day before the start of the Professional Background Screening Association (PBSA) annual conference, it made me pause to consider how much better this is than going virtual during the pandemic. Don’t get me wrong, there are benefits to learning virtually, and I can learn from both virtual and in-person classes, but there is something different about an in-person conference.

California is once again making changes to how employers can use information obtained in criminal background checks. Last month, changes that had been proposed by the California Civil Rights Council were approved by the California Civil Rights Council and the Office of Administrative Law.

Are your employees and managers using marijuana on the job? With more and more locations making marijuana use legal for medical and/or recreational use, it is quite possible. In fact, in one article by the Wall Street Journal, an employee admitted to not only smoking marijuana on the job and in front of his boss, but also to sharing it with his boss.

Change is a constant, and that is certainly true in background screening laws. Some changes seem like common sense and are easy to apply, such as having a clear and concise disclosure form. Making sure that anyone giving permission for an employment background check understands what they are agreeing to is basic fairness, and unless an employer has some nefarious intent in mind for a background check, this should be an easy compliance item.

Anyone running an employment background check through a third party, such as a background screening company such as ASE and/or automated verification systems is considered a user of consumer reports and therefore must follow the requirements of the FCRA.

Ban-the-box might seem like old news, but these laws are constantly being added and/or updated. It is important for employers to keep up with the laws in all areas in which their employees work. The city of Chicago recently expanded its requirements on how employers may use criminal records in hiring decisions. 

There is a lot of talk about artificial intelligence (AI) these days. Some AI programs are becoming so sophisticated that it can be difficult to tell if the person talking to you on screen is real or an AI created person.

Recently, I had conversations with several people about brain fog, and most of those people chalked it up to age. However, there are other causes for not being able to find your words, having trouble concentrating, or not remembering why you walked into the kitchen.

Ban-the-box seems like old news by now as so many states, cities, and counties have enacted some sort of ban-the-box legislation. Most ban-the-box laws address asking about criminal history on job applications. However, some locations are taking it further with Fair Chance Hiring legislation. The Fair Chance Hiring laws address not only when, but how an employer can use criminal history in employment decisions and what obligations they have in making those decisions.

California is once again looking at making changes to how employers can use information from background checks in employment decisions. The California Civil Rights Department’s Civil Right Council released their most recent draft of changes to their Fair Employment and Housing Ace (FEHA) this past December. This update addresses proposed changes to the use of criminal history for employment decisions.