Marijuana legalization and background screening for contracting vs. employment are both topics included in this compliance update.
Each quarter, PlusOne Solutions provides a compliance update to keep you abreast of changes and updates in legal developments as well as company news. This information is provided for education only and does not constitute legal advice.
Marijuana Legalization Impacting Criminal Checks Too
States across the US have been legalizing both recreational and medical use of marijuana. While this has obvious impacts on drug testing, it now may impact criminal records as well. San Francisco is the first, but won’t be the last jurisdiction which has included the reporting of marijuana-related offenses in their Ban the Box / Fair Chance legislation. This is legislation designed to reintegrate formerly convicted individuals into society by delaying the use of criminal record information in the hiring process which provides an equal chance to showcase their qualifications. San Francisco’s FC initiative has taken the position that any decriminalized activity, like marijuana, cannot be used in the hiring decision, even when the conviction occurred when the activity was illegal.
What Comes Next?
When we receive criminal record information in jurisdictions that have restricted the reporting of now decriminalized activities such as the cultivation, distribution, possession or sale of marijuana, we will no longer include this information in our final reports. We will report records, per federal and state reporting requirements, and keep an eye on this.
Screening for Contracting versus Employment Purposes
Many of our customers use our services for contracting purposes to determine if an individual is eligible to work on contracted Customer work. For example, ABC Company has a contract with Bob’s Appliances to handle their warranty work. Bob’s Appliances will submit their employees, or contractors, to PlusOne to determine if they are eligible for contract work, according to ABC Company’s requirements. This is not the same as a pre-employment background screening, which is the responsibility of Bob’s Appliances and may be based on different criteria than ABC Company’s eligibility criteria. An individual may not be eligible to accept ABC Company work but may still be suitable for direct engagement by Bob’s Appliances to run service calls and other tasks. We understand some individuals may only be hired IF they can pass the requirements for ABC Company and we remind Companies, like Bob’s Appliances, to follow all appropriate local, state and federal employment, equal opportunity and consumer reporting requirements when denying an individual hire, based in whole or in part, on the results of a background screening.
Year-End Delays to Keep in Mind
While the PlusOne Solutions team will be hard at work to the end of the year, we wanted to ensure you are aware of possible court delays. These occur around Thanksgiving and Christmas dates with actual court closures, or rolling closures, to accommodate the holidays. We also see additional slow-downs as court staff take their annual vacation time to ensure they get their annual allotment.
Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel concerning their obligations and use of PlusOne Solutions services.
About PlusOne Solutions
PlusOne Solutions has been an industry leader in the risk management field by specializing in compliance programs that meet the complex challenges of geographically dispersed contractors, vendors, and employee networks. PlusOne Solutions protects companies from possible financial, legal, and reputational risks associated with contractor and vendor relationships while creating safer work environments. To learn more, visit https://plusonesolutio.wpengine.com.
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