| Summary: The state is revoking current allowances permitting an individual to work under supervised conditions in a child care setting prior to receiving the results of a background check.
Federal regulations long required the results of a background check for child care positions prior to starting work. However, New Hampshire's Department of Health and Human Services (DHHS) has afforded waivers to child care employers which permits new staff to start immediately provided they are always accompanied by a vetted employee when in the presence of a child.
Last week, DHHS issued letters stating it will no longer accept or approve waivers starting December 15, 2022. DHHS has indicated that federal regulators are prepared to impose a penalty of $700,000 if the state does not come into compliance with the federal rule prohibiting an individual from working in a child care setting prior to their background check clearing.
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| Impact(s): All New Hampshire employers |
| Summary: The Marijuana Employment Protections Amendment Act of 2022 takes effect in July, 2023.
Effective July, 2023, the Marijuana Employment Protections amendment Act of 2022 will prohibit Washington D.C. employers from making an adverse employment decision on an individual who uses marijuana. This includes employees that test positive for the substance. Adverse employment actions based on cannabis use, positive test results and/or medical marijuana patient status may include:
- Refusal to hire
- Termination
- Suspension
- Failure to promote
- Demotion
- Other penalties
There are several exceptions to the Act including positions in safety-sensitive occupations and employers impacted by federal statute, regulation, contract or funding agreement requirements that prohibit marijuana use and/or possession while on site and/or on duty. Also excluded are employees of the federal government and the District's courts.
The law will permit the adoption of "reasonable drug-free workplace or employment policy" by employers for post-accident or reasonable suspicion drug testing of employees in safety-sensitive positions.
Employers are required to notify workers of their rights afforded by the new law within 60 days of it becoming effective. This includes the identification of safety-sensitive roles and informing affected employees of the drug and alcohol testing protocols associated with those positions. These notices must be provided upon employment and annually thereafter.
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| Impact(s): Washington, D.C. employers |
