New California Employment Protections Take Effect for Marijuana Users

California is starting 2024 with new employment protections taking effect for marijuana users. Though they took effect on January 1 of this year, they stem from two laws passed in 2023. These new protections closely resemble similar legislation that recently took effect in Washington.

The new employment protections will bar California employers from discriminating against marijuana users. In most cases, California employers cannot discriminate against workers who test positive for cannabis. Separate legislation also bars employers from inquiring into an employee or job applicant’s off-duty use of cannabis. Combined, these new laws create some of the strongest employment protections for marijuana users in the country. As such, employers must understand how these laws affect hiring processes and drug testing.

Amending the Fair Employment and Housing Act

Under the first new law, AB 2188, the state has amended the Fair Employment and Housing Act (FEHA). The FEHA now protects employees from discrimination based on their cannabis usage. Specifically, the law prohibits employers from refusing to hire, penalizing, firing, or otherwise taking adverse action based on off-duty marijuana use. The law specifically prohibits employers from using the results of hair or urine tests, which risk false positives. This decision prevents adverse employment-related decisions based on usage that happened days or weeks before the positive drug test.

Sealing a Loophole

The second law, SB 700, amended the FEHA to seal what many saw as a loophole in the former bill. By removing this loophole, SB 700 made it unlawful for employers to inquire into a job applicant’s past use of cannabis. Employers must understand that this ban also includes questions about criminal history concerning marijuana. 

Existing state laws already protect job applicants from discrimination based on prior use of alcohol and other legal substances. As such, SB 700 acts as an extension to the employment protections for marijuana users. Included with the extensions and amendments, AB 2188 and SB 700 created exemptions to the FEHA for eligible employment circumstances.

Qualifying employers include those in the building and construction industry. The new FEHA exemptions also include employment in positions requiring federal background screening or clearances. The laws also do not preempt existing state and federal laws applicable to companies receiving federal contracts, funds, or benefits.

These new employment protection laws began at the start of January 2024. As such, employers who have not reviewed their hiring and employment policies concerning marijuana should start soon. Working with a trustworthy employment screening provider is one way to get started. The right partner will deliver accurate, compliant, timely reports for employers to make informed decisions.

Discover the benefits of JDP’s seamless background checks for your business. Contact a sales rep today.

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On December 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a premium processing press release. According to the release, the Application for a Change or Extension of Stay (Form I-539) for H-4 and L-2 dependents will no longer qualify for premium processing. However, this announcement has left many applicants confused.

The confusion comes with how submissions interact with other forms. For example, premium processing could apply when submitting Form I-539 with a Petition for a Nonimmigrant Worker (Form I-129) for H-1B or L-1 beneficiaries. The USCIS will review Form I-539 after reviewing Form I-129s, which underwent premium processing. This process means Form I-539’s adjudication may happen within the premium processing timeframe.

The USCIS announced a final rule increasing the fees for Premium Processing to adjust for inflation. These fee increases will take effect on February 26, 2024. Premium processing fees first appeared as part of the USCIS Stabilization Act, which also gave the Department of Homeland Security (DHS) the authority to adjust them periodically. The fees have remained the same for the past three years. The USCIS now adjusts them for inflation based on the Consumer Price Index for All Urban Consumers using the period between June 2021 and June 2023.

Employers should consult whether to attempt submitting applications before the upcoming fees take effect. Here is a list of the price changes for some of the forms:

• Form I-129, Petition for a Nonimmigrant Worker, classifications (H-2B or R-1 nonimmigrant status): increase from $1,500 to $1,685.
• Form I-129, Petition for a Nonimmigrant Worker, Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2): increase from $2,500 to $2,805.
• Form I-140, Immigrant Petition for Alien Worker, classifications (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)): increase from $2,500 to $2,805.
• Form I-539, Application to Extend/Change Nonimmigrant Status, (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2): increase from $1,750 to $1,965.
• Form I-765, Application for Employment Authorization (Certain F-1 students with categories C03A, C03B, C03C): increase from $1,500 to $1,685.

Employers that hire foreign nationals must remember to complete employment eligibility verification (Form I-9). However, this can be more confusing for these workers due to the many different forms of documentation they may present. One way to ensure compliance is by working with a trustworthy background check company offering an I-9 management system with the option of E-Verify integration.

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Many new regulations have taken effect with the start of the new year. For Washington employers, this includes a new ban on pre-employment marijuana testing for most new hires. On January 1, a new regulation took effect that prohibits employers from taking adverse action against new hires based on a positive test for marijuana.

Washington Governor Jay Inslee signed the new legislation on May 9, 2023. The legislation (SB 5123) took effect on January 1, 2024. SB 5123 states, “The legislature finds that the legalization of recreational cannabis in Washington state in 2012 created a disconnect between prospective employees’ legal activities and employers’ hiring practices.”

Under SB 5123, Washington law has changed to state:

1. “It is unlawful for an employer to discriminate against a person in the initial hiring for employment if [basing] the discrimination upon:
2. The person’s use of cannabis off the job and away from the workplace or
3. An employer-required drug screening test has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”

The law does not prohibit employers from “basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites.” However, it does not specify what kind of testing this may include. Tests on the market cannot distinguish between psychoactive metabolites, which indicate intoxication, and non-psychoactive.

As a result, it is effectively impossible to perform pre-employment testing for marijuana usage. However, the law does not prohibit employers from testing outside of this context. This permission means employers may test due to a workplace accident or when suspecting an employee of impairment.

The law does not preempt existing state law or federal drug testing requirements. In addition, it does not prevent testing for law enforcement officers, first responders, corrections officers, fire departments, or positions designated as safety-sensitive. These safety-sensitive positions include those “for which impairment while working presents a substantial risk of death.”

Employers may continue performing pre-employment testing for a wide range of substances. This range also includes cannabis as long as the employer does not see the cannabis results. Employers who have not done so must update their hiring policies to ensure compliance with these new regulations. They should also consider reviewing their policies for hiring those with prior cannabis-related convictions. A great way to get started is by working with an experienced screening provider.

Discover the benefits of JDP’s seamless background checks for your business. Contact a sales rep today.

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The Department of Justice (DOJ) has announced that it has reached a settlement agreement with a nationwide staffing agency to resolve allegations that the employer violated the Immigration and Nationality Act (INA). According to the DOJ’s determination, the employer had denied employment opportunities to non-U.S. citizens in violation of the INA’s requirements based on their citizenship status.

Assistant Attorney Kristen Clarke of the DOJ’s Civil Rights Division stated, “Companies cannot unlawfully exclude people with permission to work in the United States from job opportunities because of their citizenship status. The Justice Department will continue to hold those accountable who engage in behavior that runs afoul of our nation’s federal civil rights laws.”

The Investigation

From roughly March 1, 2019, to February 28, 2022, the staffing agency placed advertisements for jobs with illegal restrictions. For example, the company included hiring restrictions or screened out candidates based on citizenship status. This discrimination hurts applicants or employees who are asylees, refugees, and lawful permanent residents. It illegally discourages them from applying for jobs or leads hiring managers to ignore the applications.

The settlement will require the staffing agency to pay the government $690,000 in civil penalties. The agency must also set aside $230,000 to compensate workers affected by the illegal practices. In addition to these penalties, the staffing agency must train its workers to the requirements of the INA, change its employment policies, be subject to monitoring by the DOJ, and meet certain reporting requirements.

The INA Provision

The Immigrant and Employee Rights Section of the Civil Rights Division enforces the INA’s anti-discrimination provision. This statute prohibits employers from discriminating against U.S. citizens and other individuals with authorization to work in the United States. According to the INA, 

“Generally, employers are not allowed to treat individuals differently in hiring, firing, recruitment or referral for a fee because of their citizenship status. 8 USC. § 1324b(a)(1)(B). Citizenship status includes a person’s current or prior immigration status. U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents are protected from citizenship status discrimination.”

This case exemplifies the importance of complying with the INA during the hiring process. Failure to comply with the INA’s provisions can result in costly fines and penalties. One crucial step your company can take to help comply with the INA and other employment regulations is to partner with a trusted background check company. The right partner will use their experience to deliver accurate, timely, and compliant reports.

Keep your business compliant with all laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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The New York City Council passed a bill of rights earlier in December. It would require the Department of Consumer and Worker Production (DCWP) to work with the New York City Commission on Human Rights, the Mayor’s Office of Immigrant Affairs (MOIA), and labor and community organizations selected by the DCWP’s commissioner. They would work together to publish a worker’s bill of rights on the city’s website.

Though the mayor did not sign the bill, he did not veto it either. As such, it will become law. The bill of rights details workers’ rights and protections under federal, state, and local laws. It also supplies information about workers’ rights to form a union. The law also explains that immigration status does not affect workers’ rights.

What to Expect

The agencies required to complete the workers’ bill of rights have until March 1, 2024, to post the final draft to New York City’s website. Furthermore, they must post it in all of the designated citywide languages, some temporary languages, and English. The law will also require employers to provide all current workers with a copy of the bill of rights.

Employers must begin providing this information on July 1, 2024. After this date, they must distribute a copy of these rights on the first day of new workers’ employment. However, the current version lacks requirements for independent contractors. Many assume this means the law exempts contractors. 

Employers must post the information on their business premises where employees can access and see it. Furthermore, they must include the bill on the company’s website. Employers who routinely use electronic means to communicate with employees must use other means of accessing the workers’ bill of rights. For example, they must provide access via mobile applications or online.

Unfortunately, the law does not specify whom it covers. Despite this vagueness, many assume employers with workers within New York City’s geographic boundaries fall under this law. Employers must ensure they comply with the new regulations. Failure could lead to penalties, such as the $500 fine. However, employers will have 30 days to correct the violation after they receive their first complaint.

How to Prepare

New York City employers will need to ensure they comply with these new regulations and other relevant employment laws and regulations. Since employment laws and regulations change frequently, it can be challenging to keep up with them. The best way to ensure compliance with this and other employment regulations is to partner with a trustworthy background check company.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Keep your business compliant with new laws and regulations with Pre-employ’s reliable background checks. Contact a sales rep today.

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The California Privacy Protection Agency (CPPA) recently revealed a draft of new regulations. This draft cites new protections for consumers, applicants, and employees. These proposed rules would regulate how businesses use automated decision-making technology.

According to the proposal, employers must provide a pre-use notice to applicants and employees applying for a job. It must supply access information concerning the employer’s use of automated decision-making technology. It should also include the applicant’s or employee’s right to opt out. 

The Draft

In some situations, the rules would require businesses to conduct risk assessments. The company must also provide an easy method to learn more about the company’s automated decision-making technology. The draft explains that companies must include the following information:

• “The logic used in the automated decision-making technology, including the key parameters that affect the output of the automated decision-making technology. The business shall explain why these parameters are key;
• The intended output of the automated decision-making technology (e.g., a numerical score of compatibility);
• How the business plans to use the output to make a decision, including the role of any human involvement and 
• Whether the business’s use of the automated technology has been evaluated for validity, reliability, and fairness, and the outcome of any such evaluation.”

The regulations require businesses to allow applicants and employees to opt out. However, this requirement applies if the employer would use the automated tool “For a decision that produces legal or similarly significant effects concerning a consumer.” The draft also provided exceptions to the new regulations. Such exceptions include:

• “To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information;
• To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions;
• To protect the life and physical safety of consumers; or
• To provide the good or perform the service requested explicitly by the consumer,” and there is no other reasonable way to provide the service. (There is a rebuttable presumption that an appropriate alternative delivery method exists.)

Those Covered

The regulations would also cover several employee-facing technologies. These include productivity monitors, face or speech detection or recognition, and location trackers. Other examples include keystroke loggers, social media monitoring tools, and video or audio recording.

Other regulations would require businesses to provide consumers two or more methods to submit opt-out requests. They must also define the primary means of communication between the company and customers. The company must explain that consumers can use the automated tools in this communication. 

As such, it must be clear that the consumers may opt out of all use of the tools. Businesses that receive an opt-out request must comply immediately. They may ask the consumer about using the automated tools after 12 months of receiving the opt-out request.

The changes are still a draft, meaning the details still require finalizing. As such, employers have time to evaluate and revise their hiring policies. One way to ensure future and current compliance is by working with a trustworthy background screening company. The right partner will use their experience to ensure your company complies with all relevant regulations.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Keep your business compliant with new laws and regulations with Pre-employ’s reliable background checks. Contact a sales rep today.

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A Texas school district recently removed a mother from her position on the District’s School Health Advisory Council. The council makes recommendations for an age-appropriate curriculum for human sexuality instruction. She also participated in the Parent Teacher Association, the Athletic Booster Club, and the Community Engagement Committee. Due to recent discoveries, she no longer has roles in these programs.

According to officials, she had prostitution convictions and escort records. She also had scantily clad images of herself posted online with statements like “[a] true girl next door.” Initially, the school district did not know about her life and background. It did not come to light until parents discovered the mother’s activities due to her claims of running several businesses. According to these parents, she never supplied information about her endeavors, rousing suspicion from the parents.

The Discovery

One parent looked up her email address and discovered the escort services. Further investigation by the parents uncovered several well-reviewed profiles. These profiles warned that clients who fail to appear in appointments must pay a $3,000 penalty. She also claimed to have a permanent in-call in Dallas, only minutes from downtown. 

As the parents researched the thirty-eight-year-old mother, they discovered two separate prostitution convictions. The first happened in 2012, and the second in 2016. However, the judge in 2016 signed an injunction concerning a ban for specific children. This injunction prohibited children from entering her residence due to her reputation as a prostitute.

Legality in Texas

Prostitution is not legal in Texas; however, escorts may sell their time and companionship. The parents thought the mother’s convictions were sufficient to prevent her from working with children in the school district. As a result, the school district announced that it removed her from all her positions. However, a representative claimed they had conducted a background check before appointing her.

One spokesperson also claimed that the school district never officially appointed the mother to the Student Health Advisory Council. However, video content proved she actively participated in the council’s meetings. Furthermore, the district’s website listed her as a committee member. The spokesperson acknowledged these claims and argued that it happened by mistake. The school district then emphasized that it would never knowingly allow individuals with certain convictions to volunteer or become staff members.

This case is a reminder of how crucial it is to run a thorough background check. One way to ensure companies receive all relevant information is by working with a trustworthy background screening company. The right partner will deliver accurate, timely, and compliant reports to ensure companies make informed decisions.

Interested in learning more about JDP’s background checks? Keep your business compliant with new laws and regulations with Pre-employ’s reliable background checks. Contact a sales rep today.

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