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Drug Testing Changes in Nevada

Major Change in the State of Nevada with new law.

 

Recently the State of Nevada passed a law that “prohibits the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee, with certain exceptions.

The bill that was passed as AB132, will go into effect on 1-1-2020.

 The law doesn’t prohibit testing for marijuana; however, it does prohibit denial of employment due to the presence of marijuana with certain exceptions.

AB132 reads:

Sec. 2. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

Except as otherwise specifically provided by law:

 1. It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.

 2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter, as defined in NRS 450B.071;

(b) As an emergency medical technician, as defined in NRS 450B.065;

(c) That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or

(d) That, in the determination of the employer, could adversely affect the safety of others.

3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of such a screening test.

 4. The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

(c) To a position of employment funded by a federal grant.

 5. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

In light of the changing legal landscape regarding allowances in drug usage, we have begun to see the advent of 4- panel and 9- panel screens which do not test for cannabinoids (marijuana) as their earlier, traditional 5- panel and 10- panel screens have. See the table below for the typical 5, 4, 10 and 9 panel tests:

 

Screen/Test

Drugs Tested

5 Panel Amphetamines; Cocaine; Cannabinoids; Opiates; Phencyclidine
4 Panel Amphetamines; Cocaine; Opiates; Phencyclidine
10 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Cannabinoids; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene
9 Panel Amphetamines; Barbiturates; Benzodiazepines; Cocaine; Methadone; Methaqualone; Opiates; Phencyclidine; Propoxyphene

Whether your company uses the traditional 5 or 10 panel drug screens, or the updated 4 or 9 panel drug screens, you will want to discuss this with your drug screening specialists who can answer all your questions, and help empower you with the tools you will need to make the best decisions for your company, its employees, and your future success.

 

State of NY increases the cost of statewide criminal records search.

State of NY increases the cost of statewide criminal records search.

What happened?

As part of the recently passed NY state budget the New York State Office of Court Administration has  increased the state imposed fee for a statewide criminal record search from $65 to $95.  This fee also impacts county criminal record searches in the following counties:
Allegany, Bronx, Cayuga, Fulton, Kings, Montgomery, Nassau, New York, Orleans, Queens and Richmond.
(These are counties that can only be searched via the statewide record search.)

Why the increase?

NY, which already imposed the highest access fee in the country,  increased the cost to help fund the NY State indigent defense fund.

How will this impact me?

If you order a statewide NY criminal record search or order a background check that includes a county criminal record search in one of the impacted counties you could be subject to this access fee.

 

Our Policy.

Our policy at AmeriWide Screeners is to obtain client approval before dispatching a search to one of the affected jurisdictions.  If we see that you order a background check that would result in you being charged with the access fee we will reach out to you for approval prior to conducting the search.

What does “Ban the Box” mean?

What does “Ban the Box” mean?

Ban The Box

Ban The Box

Typically, “Ban-the-Box” initiatives prohibit employers’ job applications from having any question asking the applicant of convicted crimes.  On paper applications, this has been a check box — hence the term “Ban-the-Box”.

Q.  Do “Ban-the-Box” laws prohibit using background checks?

A. No. Typically, “Ban-the-Box”  laws do not forbid employers from running pre-employment background checks.  Some of these laws do stipulate when a background check can be used in the hiring process.  If the law in question does touch on the timing, it typically falls into one of two events: either after the first job interview, or after a conditional job offer has been made.

Q. Do all “Ban-the-Box”  laws apply to private and public sector employers?

A. No. A majority of the state level laws apply to public sector employers only.

Q. Which states have “Ban-the-Box”  laws that apply to private employers?

A. Here are the states that currently have laws in place that “Ban the Box” for private employers.

  • California
  • Connecticut
  • Hawaii
  • Illinois
  • Massachusetts
  • Minnesota
  • New Jersey
  • Oregon
  • Rhode Island
  • Vermont 

Q. What municipalities/counties have ban the box laws that impact private employers?

A. Here is a list of the municipalities that currently have private employer initiatives:

  • Austin, TX
  • Baltimore, MD
  • Buffalo, NY
  • Columbia, MO
  • District of Columbia
  • Kansas City, MO
  • Los Angeles, CA
  • Montgomery County, MD
  • New York, NY
  • Philadelphia, PA
  • Portland, OR
  • Prince George County, MD
  • Rochester, NY
  • San Francisco, CA
  • Seattle, WA
  • Spokane, WA
  • Washington, DC
The One Minute Guide to the FCRA.

The One Minute Guide to the FCRA.

Q.  What is the FCRA?

A.  The FCRA, otherwise known as the Fair Credit Reporting Act, is the primary piece of federal legislation that  is used to regulate background screening and credit checks.  The FCRA was originally passed in 1970 and major amendments were made in 1996, 1998 and 2003. You can read the entire text of the act here.

Q.  Who regulates the FCRA?

A. The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).

Q.  What are the rules laid out by the FCRA?

A.  The FCRA is very complex legislation.  Here are just some of the key points it spells out:

  • What are permissible purposes for running a background check.
  • The roles and responsibilities of:
    • Employers
    • Consumer Reporting Agencies (CRA’s)
    • Data Providers
  • A subject’s (individual consumer) rights and responsibilities.
  • Guidelines for obtaining a subject’s authorization prior to running a background check.
  • Guidelines for notifying a subject that a background check may be requested.
  • When a subject of a background check should be provided a copy of their report.
  • How and when to notify a subject that they are being denied employment due to the results of their background check.

This is just a quick overview of  the FCRA.  We will explore it more in depth in future posts!