Watch for These HR Trends in 2018

Manufacturers should prepare for the next wave of labor-and-employment law trends forecast to emerge in 2018, which may include:

A Growing Ban-the-Box Movement–Many states have adopted ban-the-box laws that restrict inquiries into an applicant’s criminal history in a job application. Driven by concerns that criminal background checks have a disproportionate impact on minority candidates, these laws are designed to prevent employers from eliminating candidates with a criminal record from the hiring process without first considering their qualifications. The laws vary, but most restrict what job postings can say, as well as an employer’s right to ask about or base employment decisions on arrest/conviction records.

Ban-the-box laws have been passed in 29 states and over 150 localities. Employers should review their state and local laws and ensure their policies and procedures comply.

Revival of Last-Chance Agreements–With the opioid epidemic leading to lost productivity, higher absenteeism, an increase in workplace injuries, even labor shortages, many employers are taking a different approach.

In addition to providing educational and counseling resources to employees, companies are rethinking their zero-tolerance drug policies and instead opting for the use of last-chance agreements.

This offers drug-dependent workers a chance to get clean after a positive drug test rather than face immediate termination. The agreements require drug counseling. Employers reserve the legal right to enforce disciplinary actions and/or termination for drug-related workplace misconduct. As such, the permitted—and prohibited—use of prescription drugs should be clearly communicated in the company’s policy.

Use of Oral Swabs in Drug Testing–Many employers have faced increased pressure to revamp their drug testing policies. Due to labor shortages, manufacturers have had to limit their drug testing in the workplace. This has given rise to the use of oral swabs as a quick, low-cost alternative to traditional drug testing methods.

Employers today consider urine testing the gold standard, but proponents of saliva testing note its benefits over urine or blood tests. It can provide quantitative results with little need for any invasive procedure, and lessens the risk of fraudulent samples. Saliva testing costs less and has a quicker turnaround time.

Source: Industry Week