A Florida state Senate panel recently approved a bill concerning barber and cosmetology licensing. According to the bill, individuals with prior nonviolent offenses could acquire these licenses if they meet the requirements. This change could significantly improve the labor pool for employers in these industries.

Florida State Senator Linda Steward introduced Senate Bill 42 (SB 42) legislation. It would remove the limitation on acquiring a barber or cosmetology license for those with nonviolent criminal convictions. However, this permission applied only to convictions that occurred three or more years before the time of the application. This bill received unanimous approval from the Senate Regulated Industries Committee.

What SB 42 Does

SB 42 aims to reduce the roadblocks individuals with criminal convictions face in acquiring employment after completing their sentences. Many of these individuals have faced impossible barriers after completing their sentences and exiting prison. As such, the bill allowed those with past felony convictions to acquire barber or cosmetology licenses.

Furthermore, many prisons have offered barbering as one of their vocational training programs. These programs are for those behind bars to build skills for acquiring work when they reintegrate into society. As a result, many past convicts have developed these skills and run into this barrier. Now, the state legislature is looking to change this with SB 42, which provides the following:

“A conviction, or any other adjudication, for a crime more than three years before the date the application is received by the applicable board may not be grounds for denial of a license specified in subparagraph (a)1. or subparagraph (a)2. unless the applicant was convicted of a crime at any time during the 3-year period immediately preceding the application.”

Similar Bills

In November of this year, a similar bill passed through the House Regulatory Reform and Economic Development Subcommittee. As with the Senate bill, this would prevent the state from denying a license for either of these professions after three years without new arrests. This bill has to clear the Senate Criminal Justice Committee before it makes it to a House vote. 

State officials have also expressed interest in expanding these proposals to other professional licenses. Such an expansion could greatly expand the labor pool for employers in these industries. It would also significantly improve opportunities for those with prior criminal convictions.

In the meantime, employers in fields not facing these restrictions should consider reviewing their hiring policies for those with a criminal history. Many employers could remove certain disqualifications and invite those with former convictions to apply. The best way to get started with these second-chance policies is to work with an experienced screening provider.

JDP makes second-chance hiring easy and delivers seamless background checks for your business. Keep your business compliant with new laws and regulations with Pre-employ’s reliable background checks. Contact a sales rep today.

Source

A Florida lawmaker recently introduced a bill to improve employment protections. This bill is the Protections for Public Employees Who Use Medical Marijuana as Qualified Patients (SB 166). 

It would protect medical marijuana users from adverse employment-related actions. In addition, it would create a structure when testing public employees for marijuana usage. State Senator Tina Scott Polsky pre-filed SB 166 to protect qualified medical marijuana patients from adverse personnel actions.

SB 166 Effects

However, SB 166 only applies to public employers and not to workers and applicants for private employers. It also provides carve-outs for law enforcement agencies. These carve-outs allow the agencies to maintain policies that prohibit medical marijuana usage. Furthermore, SB 166 provides exceptions allowing employers to take adverse action under qualifying circumstances. 

Employers must “[establish] a preponderance of the evidence that the lawful use of medical marijuana is impairing the employee’s ability to perform his or her job duties or responsibilities.” According to the bill, employers may consider individuals impaired if they display specific articulable symptoms. However, these symptoms must adversely impact the individual’s performance of duties or responsibilities. 

Bill Requirements

SB 166 also requires employers to make reasonable accommodations for medical marijuana users. However, the bill also included an exception for specific circumstances. It states that an employer must “demonstrate that the accommodation would pose a threat of harm or danger to persons or property, impose an undue hardship on the employer, or prevent an employee from fulfilling his or her job responsibilities.”

Furthermore, the bill addressed concerns for employers with drug testing policies. It requires them to provide a written notice to applicants or employees whose tests received positive results. According to SB 166, employers must inform them of their right to request a confirmation test. Otherwise, they must ensure the individuals understand they can submit information to contest or explain the results. Individuals may provide a physician certification for medical marijuana or a registry identification card as a part of such an explanation.

Finally, SB 166 would give employees or applicants the right to institute a civil action to request relief from the courts. It would allow a judge to issue an injunction against employer policies that violate the legislation. This ability also extends to reinstating fired employees to the same or equivalent position with all fringe benefits and seniority rights and ordering back pay and other compensation. 

Should relevant Senate committees approve SB 166, it would affect only public employers. However, private employers should consider reviewing their policies concerning marijuana drug testing, too. Preparing to comply with future marijuana-related employment laws will ensure employers avoid unexpected legal challenges.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Speak with a sales representative today.

Source

The post Florida Introduces Employment Protections for Medical Marijuana Users appeared first on JDP.

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