| Summary: A new federal regulation is set to take effect Oct. 1, 2018, will require states receiving funds under the federal Child Care and Development Block Grant Act of 2014 to adopt minimum federally-defined screening standards for child care workers or risk loss of funding. The standards require that current and prospective child care providers perform a multi-level criminal background check on all current and prospective employees and disqualify from employment anyone convicted of crimes against children, violent crimes and drug crimes within the past five years. States may opt to waive the disqualification for drug crimes on a case-by-case basis, but they are also free to adopt conviction-based disqualifications that are more restrictive than the law requires. |
| Impact(s): Child care providers |
Summary: The Stephen Komninos' Law was enacted in 2017 and strengthens protections for participants of any New Jersey Department of Human Services (DHS) funded, licensed or regulated program for adults with developmental disabilities, including State developmental centers and community programs. The law recognizes the important role of guardians and family members in the lives of adults with developmental disabilities and establishes greater communication links between providers and guardians. Effective May 1, 2018, every person who is employed by or volunteering in any DHS-funded, licensed or regulated program serving adults with developmental disabilities is subject to the requirements of this law.
The types of drug tests to be conducted are as follows:
- Pre-employment: All applicants must undergo pre-employment drug testing and receive a negative test result. A refusal to test means that the applicant will be removed from consideration for hire. As of June 15, 2018, an applicant or volunteer may not commence employment until the test result is received by the employer. For employees who were hired on or after May 1, 2018 and who were tested through the employer's own drug testing vendor, the employee must be re-tested using the DHS vendor.
- Random: At least once per year, an employer must randomly drug test one or more current direct care staff members. The law provides that the person who is responsible for the "overall operation of the program, facility or living arrangement" has the discretion to determine the total number of direct care staff members who will be required to undergo random drug testing. However, DHS guidance provides that "it has been determined that 10% of a provider's direct care employees will be tested annually." Random samples will be identified quarterly through the Vendor and employers will need to ensure they update their direct care staff rosters to provide to the Vendor quarterly.
- "For Cause" or Reasonable Suspicion: Reasonable suspicion drug testing must be conducted if the direct care staff member's immediate supervisor has reasonable suspicion to believe that the staff member is illegally using a controlled dangerous substance. Reasonable suspicion must be "[b]ased on the staff member's visible impairment or professional misconduct which relates adversely to patient care and safety." Once a supervisor determines that reasonable suspicion exists, he or she is required to report this information to his or her immediate supervisor "in a form and manner specified by the commissioner, and, if the latter concurs that there is reasonable suspicion to believe that a direct care staff member is illegally using a controlled dangerous substance, that supervisor shall notify the person who is responsible for the overall operation of the program, facility, or living arrangement, and request written approval therefrom to order the direct care staff member to undergo" a drug test. An employee cannot be drug tested "for cause" without the written approval of the person who is responsible for the overall operation of the program, facility, or living arrangement. The employer must maintain documentation for the basis of the test, including the written approval of the person responsible for the overall operation of the program, facility or living arrangement.
In addition, employees who refuse to be tested must be terminated. If an employee tests positive, the employer has the discretion to terminate the employee or refer the employee for treatment. DHS will pay for all costs of drug testing. |
| Impact(s): New Jersey Department of Human Services programs |
| Summary: On July 25, 2018, the city voted to remove the salary history question from city job applications. The decision came after about a dozen women's groups came together to ask the city to stop collecting salary history during the hiring process. The Kansas City Council will also "ask companies who have contracts with cities to do the same" regarding the removal of the salary history question from job applications. In addition, the Council is going to conduct ‘a gender study that will compare women's pay with men's pay by job category." |
| Impact(s): Kansas City, Missouri government and its contractors |
