Tag Archives: screening

Up In Smoke: After NJCREAMMA, Can Employers Enforce Drug-Testing for Non-CDL Holders?

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The recreational use and sale of marijuana was first legalized in the state of Colorado in 2012. Since then, 19 other states have joined their ranks in terms of recreational use, with a total 38 states, plus Washington, D.C., Puerto Rico, and Guam allowing the medical use of marijuana. However, as most people know, the use, sale, and possession of any cannabis or cannabis-derived product with more that 0.3% tetrahydrocannabinol (THC) is illegal in the U.S. at the federal level. These state vs. federal discrepancies create something of a legal paradox.

Marijuana legalization is creating the same kind of problem regarding what to do about professional drivers who test positive for marijuana. For CDL drivers, it’s easy. It is prohibited for CDL drivers to use marijuana under any circumstances, even if the substance is legal in the state in which they reside. Even if a driver consumes a prohibited cannabis product in their off hours in a state where it is legal, if they test positive for it later, they may still be in violation of the Department of Transportation’s zero-tolerance policy at the federal level.

For non-CDL drivers, the employer testing is optional. However, if a driver with a CDL license tests positive for marijuana use, they are also prohibited from driving non-CDL vehicles until they pass the return-to-duty test: another drug test administered under direct supervision. Does that all sound confusing? That’s because it is.

Add to this already tangled web of marijuana laws and efforts to keep the roads safe from drivers under the influence the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (NJCREAMMA), passed in February of 2021. Among other things, NJCREAMMA prohibits employers from taking adverse employment action against employees who test positive for cannabinoid metabolites in their blood or other bodily fluids.  In theory, this means that an employer cannot refuse to hire, fire, or discipline an employee who has been shown to have used cannabis. However, NJCREAMMA also upholds the right of employers to maintain a drug and alcohol-free workplace. Therefore, the regulation allows employers to make rules regarding the consumption, use, or influence of marijuana or marijuana products while at work.

At the time of the Act’s original issuance, employers could require employees to submit to a drug test under the following circumstances:

  • Upon suspicion of impairment from cannabis/cannabinoid substances while performing work duties
  • Upon finding any observable signs of marijuana/cannabinoid use at work
  • Following a work-related accident

Under NJCREAMMA, the term “drug test” has been redefined to mean a process using reliable, scientific drug-testing methods administered at work, during work hours (blood, urine, saliva tests) AND an evaluation of person certified as a Workplace Impairment Recognition Expert (WIRE). If both the bodily fluid test and the WIRE evaluation show the employee is under the influence during work hours, the employer may then take adverse employment action. The problem? The state had yet to issue guidance or training protocols for the WIREs.

To that end, the state issued interim guidance in September of 2022 until WIREs can be identified and trained for each workplace. The interim guidance essentially upholds the previous legislation regarding prohibition of adverse employment action unless evidence-based documentation of physical signs of cannabis use or signs of impairment are present. This stop-gap guidance also provides suggestions to help identify signs of impairment due to marijuana use, according to SafetyNews Alert.

California has also recently passed similar legislation preventing adverse employment action against employees who test positive for cannabinoid metabolites. The New Jersey and California laws do not apply to those in certain industries (including CDL holders, as well as federal agency contractors and grantees) and cannot preempt any state or federal laws that require a clean drug test as a condition of employment. However, non-CDL drivers can theoretically use cannabis outside of working hours within these states.

Drug test manufacturers and concerned employers are looking for ways to test for actual impairment on the job, such as employee tests against their own baseline performance and tests for the presence of active THC, the compound that creates the high, in the blood. Until these testing methods have been established, employers must keep a watchful eye out for signs of employee impairment in non-CDL drivers in New Jersey and California.

Disclaimer: This document and any discussions set forth are for informational purposes only, and should not be construed as legal advice.

How to Land The Job! Trillium Staff Speaks Out!

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Have you ever wondered what others did to set themselves apart? Are you missing out on great opportunities that you feel you are qualified for? Here are some great tips directly from our staff to help you land the job!

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Have You Mastered Recruiting But Not Hiring?

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If you haven’t learned the difference between recruiting and hiring, now is the time. While recruiting involves the process of locating, identifying, screening, attracting, and evaluating talent; hiring involves the conversion of candidate to employee. Unfortunately, many companies are unable to close the deal in time to convert an applicant to an employee before they are recruited away to other opportunities. How can you protect yourself from losing valuable talent?

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While the hiring process involves crucial steps and processes, building a smooth system can eliminate costly downtime and turnover. Studies have shown as many as 58% of employees who take part in a structured hiring process are more likely to be with the company three years later. Here are just a few tools that can help you build a structured hiring program!

  • Online applications
  • Strong applicant tracking system
  • A streamlined onboarding process
  • A structured training program
  • Regular performance reviews including in the new hire period

Are you a stand out professional, technical professional, driver, or skilled worker seeking contingent, temporary, or long term career opportunities?  Visit our job board  for more information!  Want to learn more about how you can gain access to Trillium’s national network of professionals and skilled workers? Contact us today!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 5,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

Finding A Recruiter Who Works For You!

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Whether you are seeking a new career path or are seeking to hire the newest talent for your organization, finding a recruiter who works for you, not with you will make or break your experience. A recruiter should work as your agent and should exhibit the same qualities that a sports agent provides their talent.

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Not sure how to qualify your recruiter?

Here are some simple steps to get you started.

  • Determine their qualifications. The recruiting industry has the highest turnover rate of any industry with approximately 90% turnover within the first year.  Recruiters makeup a large majority of the profiles on LinkedIn, if your recruiter does not have an active and complete profile with a large number of connections take caution.  A recruiter’s LinkedIn profile is an excellent place to pre-qualify them. Do you they specialize in your line of work? How long have they been in the industry? The longer they have been in their role the larger the network and career opportunities or top level talent they can connect you with.

 

  • Conduct a mutual interview. A proven recruiter should be confident, almost arrogant about their abilities. If they aren’t able to sell themselves how can they sell your qualifications as a candidate or sell your position and organization to the industry’s top performers? Simple, they can’t. Be perfectly clear about what your priorities are and what items would make or break the perfect match for you. Inquire as to what their network in your industry looks like and what types of similar positions they have filled in the past.

 

  • Make sure their greatest strength is listening. If the recruiter is more focused on talking than listening, they’ll likely miss important details that are crucial to making the right fit for you. Make sure they ask you great questions, take notes, and have an attention to detail. Finding the perfect match can’t be done if they don’t have the details needed to make the match.

 

  • They should be busy. Especially with the recent surge in staffing, if your recruiter is available to take your every call that may not be a good sign. The staffing industry has seen a consistent surge since the economic recovery, if your recruiter excels in their field they should be extremely busy balancing candidates and clients.  While they should be busy, they should also set clear expectations of when they are available and how best to reach them.

 As with any business partner, if you feel that you are not connecting well with your recruiter it may be time to look at other options. Often times the best way to locate a top notch recruiter is to seek referrals from others in your line of business. As many as 90% of companies have partnered with a staffing agency in the past for recruiting support, therefore it’s very likely that you know someone who has hired a recruiter in the past for recruiting services or that you know someone who has located a position through a recruiter.

Are you a stand out professional, technical professional, driver, or skilled worker seeking contingent, temporary, or long term career opportunities?  Visit our job board  for more information!  Want to learn more about how you can gain access to Trillium’s national network of professionals and skilled workers? Contact us today!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 5,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

How To Hire The Wrong Person Every Time

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Have you noticed a pattern in your employee turnover rates? If you are noticing a large volume of your new hires are not working out, chances are some simple changes to your hiring process could save you a lot of time, money, and resources. Not sure if your process is to blame?

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How To Be Successful In Marine Staffing

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Whether you are searching for Marine Electricians, Shipfitters, or Pipefitters, the search for qualified skilled trades people with marine industry experience can be difficult. In our niche market, marine staffing has it’s own set of diverse challenges that can be difficult for those inexperienced in the industry to overcome. Let’s face it marine contractors across the world are able to find talent and get in forward motion, so the questions remains how do they do it?

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This Could Effect Your Fleet!

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How have recent regulations, weather conditions, and distractions effected your bottom line? Managing a fleet, remaining in compliance, and engaging a safety program is a lot to handle. Often times, employers lose focus on safety in the shuffle of handling multiple job responsibilities and keeping tabs on the latest regulations. How quickly can this add up?

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Social Recruiting in 2013

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Without question if you are in the recruiting or HR field, the topic of recruiting through social media has crossed your mind or desk in the recent months. With steady reported losses for employers in social networking suits due to improper use for screening or evaluation, you may have chosen to avoid the topic. While recruitment through social media does require knowledge of legal ramifications, there are some simple and conservative ways to be involved with little liability to your organization.

The Wall Street Journal reported that social networks accounted for 20% of time spent online in 2011. With the continued growth in 2012, it goes without saying those numbers are only continuing to climb. Their report also shows that social networks reach approximately 82% of the world’s online population, a great audience for those of us who are seeking high demand candidates who are hard to locate.

A recent study from Salary.com gives us some insight to the candidate perspective:

  • 72% reported using social connections to find a job
  • 38% reported that they were successful in finding a job through social networks
  • 24% the largest group, reported that they seek career opportunities on LinkedIn
  • 60% listed lack of response as their least favorite part of social networks
  • 55% of candidates would prefer a mobile friendly process that takes 10 minutes or less to apply

Social Media Meets the Candidate: Is it Really a Match Made in Heaven?

Making your application process accessible to those on social networks, especially on mobile devices could greatly increase your exposure to technical and professional level candidates. If you are considering implementing social networks into your recruiting process, make sure your process is legally compliant with all local, state, and federal laws. Also make sure that your staff is properly trained and educated on how to remain legally compliant in the process. It is always a great idea to make sure your organization’s social media policy is well defined. For more information on integrating social media in your recruiting process, contact your Labor and Employment Law attorney.

Want to learn more about how you can gain access to Trillium’s national network of top level talent? Contact us today!  If you are a stand out in your profession and seeking contingent or long term career opportunities, visit our job seekers section for more information!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 5,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

Do You Use E-Verify? New State Laws May Apply to You!

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Does your organization currently use the E-Verify system? The system is an online federal system designed to check information from I-9 forms against records with the Social Security Administration and the Department of Homeland Security to ensure eligibility to work in the United States. Currently the federal government only requires employees who are working under federal contracts to be verified in the system, while individual states and local entities may also require use of the program. What does this mean for you?

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With Clark Hill’s Immigration Law Update from November 15th, at least four additional states with begin require use of the system as of January 1, 2013. Some individual states have listed requirements based on the number of employees or new hires as well. Here are some highlights:

  • North Carolina- Use of E-Verify will become mandatory for private employers with 100 or more employees.
  • Pennsylvania- Use of E-Verify will become mandatory for state public works contractors or subcontractors with contracts worth $25,000 or more.
  • Tennessee- Use of E-Verify will become mandatory for private employers with between 6-99 employees.

Other states also have new requirements of use with the system next year, read the full report here for more information on  your individual state. If you have temporary or contingent workers that are required to be processed through the system please contact your staffing provider to make sure they are aware of the regulations and are in compliance. Staffing agencies well versed in construction and related fields should be aware of the regulations and requirements in their area.

Want to learn more about how you can gain access to Trillium’s national network of top level talent? Contact us today!  If you are a stand out in your profession and seeking contingent or long term career opportunities, visit our job seekers section for more information!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 5,000 companies nationwide. Trillium is privately owned by Oskar René Poch.

75% of Employees Do This- How Do You Protect Yourself?

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Let’s face it, a lot happens throughout the year. Hiring and HR Managers are busy with recruiting, screening, hiring, training, and managing all year long. Have there been any changes with your staff over the past year that you are unaware of?

Were you aware that the leading source of fraud is employee theft of personal information? While we all tend to focus on production, productivity in the workplace, and dealing with the day to day operations we may be missing critical information about our staff. While approximately 90% of employers implement a routine background check for new hires, a startling number do not perform background checks on their employees after their hire date for new convictions that are relevant to their position. Implementing a comprehensive background process is a great way to help ensure a safe, secure, and productive environment for staff, visitors, and customers. According to a 2009 report by the US Chamber of Commerce and Infortal Worldwide, as many as 75% of employees in all business sectors steal from the workplace and do so repeatedly.

Background

Prior to completing any background check on a candidate or employee, be sure that you have obtained a signed release allowing your organization to conduct the search. Employees should be notified in the employee handbook if your organization conducts random or annual background screenings as well. Keep in mind that your employees and candidates are also entitled to several rights including:

  • Employers are prevented by federal law from considering bankruptcy while making employment decisions.
  • Employers are required to provide the candidate or employee with a copy of any consumer report and a copy of their rights under the Fair Credit Reporting Act, if information obtained from the said report contributes to dismissal or denial of employment.
  • Employers must consistently apply the program to all employees and clearly document their results.
  • Some specific states have laws that limit the employers use of credit reports to be used for dismissal or denial of employment.

While information that may be obtained through employment references, criminal background checks, and credit checks may have a large impact on determining an employer’s level of liability when hiring or maintaining an employee, the risks and liabilities due to employing an illegal background check process can be even greater. Partnering with an established and reputable staffing firm can often greatly assist you in the process. Speak with your staffing provider to determine what their current process is and how they may best assist your company with the screening of potential employees.

Before implementing or continuing a background screening process, it is highly encouraged to research federal, state, and local legislation. Consult with your labor and employment law attorney prior to implementing or making alterations to your background check policy.

Want to learn more about how you can gain access to Trillium’s national network of top level talent? Contact us today!  If you are a stand out in your profession and seeking contingent or long term career opportunities, visit our job seekers section for more information!

Trillium, a national leader in staffing and recruitment is a valued staffing partner to over 5,000 companies nationwide. Trillium is privately owned by Oskar René Poch.