June 2024: Issue 1

LATEST SCREENING NEWS

California's New Law Protects Off-Duty Cannabis Use

As cannabis legalization spreads, California businesses need to adapt to new regulations protecting employees who use cannabis off the job. Assembly Bill 2188 prohibits employers from taking adverse action against employees for off-duty cannabis consumption and limits testing to methods that identify active cannabis compounds.

Nationwide Trends:

• Cannabis use has surged, with 55 million Americans partaking.
• Recreational use is legal in 24 states plus D.C.; medicinal use is legal in 40 states.
• The cannabis industry is projected to hit nearly $40 billion in revenue this year.

California Snapshot:

• 20% of Californians, about 8 million people, use cannabis.
• Nearly every Californian lives near a dispensary, with Los Angeles County alone hosting 1,481 dispensaries.

Despite federal prohibition, cannabis use has become mainstream, with 70% of Americans supporting legalization. In response, federal lawmakers are pushing for decriminalization, regulation, and taxation.

Impact on Employers: California employers can maintain drug-free workplaces but must be careful with drug policies. AB 2188 emphasizes testing for impairment rather than the presence of inactive cannabis metabolites. The law aims to balance workplace safety with employee rights.

Action Steps for Employers:

1. Update drug policies to align with AB 2188.
2. Revise recruiting and hiring practices to avoid off-duty conduct inquiries.
3. Adjust background check procedures to exclude prior cannabis use.
4. Work with drug testing vendors to ensure compliance with new testing standards.

California Clean Slate Law SB 731: What End-Users Should Know

California is making strides in criminal justice reform with the introduction of Senate Bill No. 731 (SB 731), a significant expansion of the state's Clean Slate Law. Originally signed into law by Governor Gavin Newsom in September 2022, SB 731 amends Sections 851.93 and 1203.425 of the California Penal Code, now set to take effect on July 1, 2024, following a delay by Assembly Bill No. 134.

Key Points for CRAs:

• Increased Eligibility: SB 731 expands the number of cases eligible for automatic sealing under PC 1203.425, which will be reviewed through monthly audits by the California Department of Justice.
• Automatic Relief: Unlike PC 1203.4, which requires a petition, PC 1203.425 will streamline the process, allowing many convictions to be automatically sealed.
• Disclosure Requirements: Defendants might still need to disclose sealed or relieved cases under certain conditions.

The implementation is expected to benefit at least 225,000 Californians immediately, with over a million more eligible to petition for relief. CRAs should prepare for this shift by aligning their processes for PC 1203.425 cases with those used for PC 1203.4.

Key Points for End-Users:

• Many individuals with eligible convictions will see their records automatically sealed, improving their employment and housing opportunities.
• There may still be situations where disclosure of sealed records is necessary, so individuals should be aware of the specific conditions under which this applies.

At EDIFY, we have always prioritized pulling records from the originating source to ensure they are timely, accurate, and compliant with the latest California laws. This practice aligns perfectly with the requirements of SB 731, ensuring that our clients receive the most reliable and up-to-date information. As SB 731 comes into effect, end-users can expect minimal impact on their background checks due to our already robust processes. We will continue to provide clear communication and support to our clients, ensuring they understand the changes and can trust the accuracy of the reports they receive.

COMPLIANCE CORNER

Navigating Authorization and Disclosure Forms for Employment Purposes

Ensuring compliance with disclosure and authorization requirements is a crucial aspect of employment practices. Employers must navigate complex regulations to protect both their organizations and their employees.

Understanding Disclosure

Disclosure involves informing employees or candidates about the nature and scope of the information being collected and the purpose behind it. The FCRA requires that this disclosure be clear, conspicuous, and provided in a document separate from the employment application. This ensures that individuals are fully aware of the background checks or data retrieval processes they are consenting to.

Understanding Authorization

Authorization refers to obtaining explicit permission from employees or job candidates before performing certain actions, such as background checks, drug testing, or accessing personal data. The Fair Credit Reporting Act (FCRA) mandates that employers must inform applicants and employees in writing if they intend to procure a consumer report (background check) and must receive authorization from the employee or applicant before doing so.

Best Practices for Employers

1. Clear Communication: Employers should provide a clear, standalone disclosure form that explains the background check process and how the information will be used.

2. Written Consent: Always obtain written authorization before conducting background checks or drug testing. Ensure the consent form is separate from other documents to avoid legal pitfalls.

3. Transparency: Be transparent about the reasons for collecting specific information and how it will impact employment decisions.

4. State and Federal Compliance: Stay informed about state-specific regulations that may impose additional disclosure and authorization requirements beyond federal laws.

Sample Forms

We provide a variety of sample forms to our clients that can be used as templates for creating their own disclosure, authorization, and state-specific notice forms. These forms are designed to help ensure compliance with legal requirements and facilitate efficient background screening processes. Our sample forms include standard disclosure forms, authorization forms, and specialized forms for volunteers, contractors, and tenants. Clients can access these forms by logging into their account and navigating to the SAMPLE FORMS section on the main page​​.

*Non-compliance with authorization and disclosure requirements can lead to significant legal consequences, including lawsuits and fines. To avoid these risks, work with competent legal counsel to ensure that your disclosure and authorization forms comply with the FCRA as well as any applicable state and local laws in the jurisdictions where you operate.

PRODUCT HIGHLIGHT

Discover the Power of Our Applicant Management Center (AMC)

Our Applicant Management Center (AMC) is a state-of-the-art solution designed to streamline and enhance your background screening process. With AMC, you can manage all aspects of applicant screening from a single, user-friendly interface, ensuring efficient and thorough checks every time.

Key Features of AMC:

• Paperless Processing: Experience seamless, paperless processing for both clients and applicants. This feature eliminates the need for physical documentation, making the process more efficient and environmentally friendly​​.
• Applicant Tracking: Easily track applicants from the initial invitation through the completion of their background checks. This ensures you have visibility into each step of the process, allowing for better management and communication​​.
• Enhanced Data Accuracy and Efficiency: By having candidates complete their information online, AMC reduces keying errors, speeds up the hiring process, captures required signatures digitally, and allows your resources to focus on recruiting and onboarding​​.

If you’re not already taking advantage of our AMC, now is the perfect time to upgrade. Contact us today to learn more about how AMC can transform your screening process. Plus, sign up now and enjoy a special offer on an annual subscription!

For more information or to take advantage of this offer, contact us by clicking below.

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