New FINRA Rule on Background Checks
June 18, 2015
FINRA (the Financial Industry Regulatory Authority) has issued a rule change for background screening requirements that goes into effect on July 1, 2015. FINRA Rule 3110(e) is based on similar provisions in NASD Rule 3010(e) and NYSE Rule 345.11. For those of us who are acronym challenged, that’s the National Association of Securities Dealers and the New York Stock Exchange, respectively.Read More
Colorado Supreme Court Upholds Firing of Medical Marijuana User
June 16, 2015
Lately, when it comes to substance abuse screening, the first question employers always ask us is whether it’s legal to deny employment or fire someone who tests positive for drugs even though they have a prescription for medical marijuana in a state where pot smoking is legal. Thanks to a unanimous 6-0 decision by a Colorado court the answer appears to be, yes.
As you probably know, the state of Colorado has legalized the use of marijuana, both for medical and recreational purposes. However, the state also allows employers to establish their own drug-testing policies.Read More
New York City Council Passes Ban the Box
June 15, 2015
The Fair Chance Act, New York City’s take on Ban the Box, was passed by New York City Council last Wednesday. The bill had overwhelming support; Mayor deBlasio is expected to sign the bill, which will take effect 120 days after its enactment.
If you’re new to ban the box, the “box” refers to the check box on job applications asking applicants if they have a criminal history. The idea is to allow ex-offenders a chance to get past the application stage and increase their job opportunities by delaying a criminal background check or inquiry until later in the hiring process. The full text of the bill can be found here. In a press release issued by the council, supporters clarified that “nothing in the bill would require an employer to hire anyone despite criminal history.” Like many other ban the box laws, the New York version goes beyond the application check box, and adds some additional restrictions on the use of criminal information in the hiring process that employers need to know. Here is a breakdown:Read More