Category Archives: Legal

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New York City Bans Pre-Employment Marijuana Testing

Category : Legal

As of 05/10/2020, employers in New York City are barred from conducting pre-employment drug testing for the presence of marijuana in non-safety sensitive positions. This law will apply to all types of currently acceptable drug screening methods: urinalysis, hair, blood, and saliva. The only positions that are exempt from this law will be safety sensitive roles such as police officers, CDL drivers who are subject to U.S. Department of Transportation testing regulations, testing pursuant to federal contracts or statutes, or other positions that have a “potential to significantly impact health or safety of employees or members of the public” as noted by city authorities.

Employers located in New York City should review their current screening policies and make the appropriate adjustments to stay in compliance. It is important to note that the law is only applicable to pre-employment drug screening; current employees can still be tested if required. Since New York is the second state enact laws governing pre-employment drug tests for marijuana, it’s possible that other states will follow suit in the coming years. CRC will monitor this trend and post updates as they occur.

If you have any questions about your current drug testing policies or you’re in the market to work with an accredited background screening agency, please reach out to CRC’s Business Development team and they’ll be happy to assist.


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A New Version of the Form I-9 is Available!

Category : Legal

On Jan. 31, USCIS published a Form I-9 Federal Register notice announcing a new edition of Form I-9, Employment Eligibility Verification.

If you are an employer, you may use the 07/17/2017 edition through April 30. Starting May 1, you can only use the new form with the 10/21/2019 edition date. The edition date is located in the lower left corner of the form.

A revised Spanish edition of Form I-9 with an edition date of 10/21/2019 is available for use in Puerto Rico only.

If you have any questions about this announcement or would like to learn how CRC can streamline your I-9 / E-Verify process, contact our Sales team today!


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Woman Sues Employer and Background Screener Over Mix-Up that Turned Life ‘Upside Down’

A Florida woman is struggling after a mix up with her employers’ background screening process allegedly resulted in her losing her home, her vehicle, and her children. She shares the same name and date of birth as a violent offender in Pennsylvania. The employee notes that this case of mistaken identity has happened before with the same employer, a transportation network company; she previously had to submit fingerprints and contact Pennsylvania’s authorities before being able to continue working. The mix up occurred once more when her employer’s new background screening company returned the same results and the employer suspended her again. This time, the employee decided to sue the company as well as the background screener for damages and is alleging that they willfully violated the Fair Credit Reporting Act (FCRA). Click here if you’d like to read more about this story: https://www.wftv.com/news/local/tampa-woman-sues-lyft-after-she-says-background-check-mix-up-turned-life-upside-down-/1002257735

This instance of mistaken identity demonstrates that employers should properly vet their background screening providers’ reporting policies, specifically their matching criteria. Most background screening companies have a separate policy in place for reporting common names that is more stringent than their standard reporting policy. Employers should also follow proper adverse action guidelines to ensure that the candidate or employee has a chance to dispute any incorrect information before a letter of denial is issued. Technical errors such as this are avoidable and HR teams can mitigate their risk by partnering with a background screener that thoroughly verifies the information they report.

Please feel free to reach out to CRC’s Sales team at (877) 272-0266 if you have any questions or concerns about your current process!


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Nevada Passes Law Banning Pre-Employment Marijuana Testing

Category : Legal

Effective January 1, 2020, employers will be barred from conducting pre-employment drug testing for marijuana in the state of Nevada. Nevada is the first state to enact a law that will restrict employers from utilizing a positive marijuana drug test for employment screening purposes. The law states that it “is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.” This law will apply to all types of currently acceptable drug screening methods: urinalysis, hair, blood, and saliva. The only positions that are exempt from this law will be emergency medical technicians, operators of motor vehicles who are required to be drug tested, firefighters, or other jobs that could adversely affect the safety of others as determined by the employer.

Employers located in Nevada should review their current screening policies and make the appropriate adjustments to stay in compliance. In addition, employers have the right to review their positions as well to see if any of their safety sensitive positions can be exempted. Since Nevada won’t likely be the last state to enact this type of law, CRC will monitor this trend and post updates as they occur. If you have any questions about your current drug testing policies or you’re in the market to work with a accredited background screening agency, please reach out to CRC’s Business Development team and they’ll be happy to assist.