Some employers use tests related to specific types of work, particularly computing.
The pre-employment assessment process varies from company to company, and most
employers use tests from assessment companies.
With so many tests available, it's not a surprise that
employers use tests meant for other purposes, like Myers - Briggs (which is fine, by the way, for employee development), or even design their own tests.
Not exact matches
One important change to the salary basis
test:
employers (for the first time) may
use non-discretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the substantially - higher minimum salary.
The Americans with Disabilities Act (ADA) limits the
use of medical
tests by prospective
employers before a job offer is made.
While evidence is anecdotal, some
employers seem set to continue drug
testing all applicants and taking a hard line on
use of opioids, methamphetamine, and cocaine.
He encourages
employers to
use personality assessment
tests with employees to identify differences.
It's no wonder that 42 percent of
employer firms
use contract workers — a simple way to
test whether or not they're ready to hire full - time employees.
Many
employers in these states, as well as in others where this sort of open sale and
use is still against the law, simply decided to turn a blind eye to marijuana
testing, opting instead for clear clauses in contracts that stipulate that employees may not show up for work under the influence.
Using its own economic simulation model, CEBR
tested the knock - on effects of adding 1p to
employers» NICs, paid by small and medium sized enterprises.
The authors conclude by offering eight recommendations for
employers, ranging from suggestions for effective drug -
testing and employee - education programs to policies regarding off - work
use of marijuana.
Genetic
tests could be performed only for research or medical reasons, ruling out their
use by
employers or insurance companies to screen applicants.
They are not as accurate as the
tests your
employer may
use but can still be useful
He offers lively, personalized examples of states and school districts (and
employers)
using test scores to decide whom to promote, whom to graduate, and whom to hire, while often ignoring other evidence of an individual's competence.
Mobilizing
employers and business leaders to insist that states align high school standards, assessments and graduation requirements with the demands of postsecondary education and work and show graduates that achievement matters by
using high school transcripts and exit
test results in making hiring decisions.
The programs
use multiple methods, including surveys of students, graduates, and
employers, external reviews, focus groups and the examination of data, such as pass rates on
tests, college GPA, and evaluation on various performance rubrics.
We are campaigning on high stakes
testing, so that pupils learn less by rote, and more by considering problems and challenges in real life situations — where they are required, also, to develop the skills that
employers are crying out for — speaking and listening well; collaborating with each other well;
using IT.
(2) As an
employer, you must not
use a cancelled
test in a situation where an employee needs a
test result that is below 0.02 (e.g., in the case of a return - to - duty or follow - up
test to authorize the employee to perform safety - sensitive functions).
(b) If the STT or BAT, either by mistake, or as the only means to conduct a
test under difficult circumstances (e.g., post-accident
test with insufficient time to obtain the ATF),
uses a non-DOT form for a DOT
test, the
use of a non-DOT form does not, in and of itself, require the
employer or service agent to cancel the
test.
(f) As an
employer, you must not
use the CCF or the ATF in your non-DOT drug and alcohol
testing programs.
§ 40.25 Must an
employer check on the drug and alcohol
testing record of employees it is intending to
use to perform safety - sensitive duties?
(2) As an
employer, you must not
use a cancelled
test for the purposes of a negative
test to authorize the employee to perform safety - sensitive functions (i.e., in the case of a pre-employment, return - to - duty, or follow - up
test).
(a) No, as an
employer, BAT, or STT, you are prohibited from
using the ATF for non-DOT alcohol
tests.
(f) An
employer who
uses an electronic CCF must ensure that the collection site, the primary and split laboratories, and MRO have compatible systems, and that the employee and any other program participants in the
testing process will receive a legible copy of the CCF.
The Department of Transportation is making technical amendments to its drug and alcohol
testing procedures to authorize employers to begin using the updated U.S. DOT Alcohol Testing Form (ATF) and the Management Information System (MIS) Data Collectio
testing procedures to authorize
employers to begin
using the updated U.S. DOT Alcohol
Testing Form (ATF) and the Management Information System (MIS) Data Collectio
Testing Form (ATF) and the Management Information System (MIS) Data Collection Form.
(2) As an
employer, you must not
use a cancelled
test for the purposes of a negative
test to authorize the employee to perform safety - sensitive functions (i.e.
(c) If the medical evaluation reveals clinical evidence of drug
use, as the MRO, you must report the result to the
employer as a cancelled
test with written notations regarding results of both the evaluation conducted under § 40.193 (d) and any further medical examination.
(a) When you receive or maintain confidential information about employees (e.g., individual
test results), you must follow the same confidentiality regulations as the
employer with respect to the
use and release of this information.
(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an
employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an
employer to give and to act upon the results of any professionally developed ability
test provided that such
test, its administration or action upon the results is not designed, intended or
used to discriminate because of race, color, religion, sex or national origin.
The Office of Drug and Alcohol Policy and Compliance issued a final rule on April 13, 2015 that allows
employers, collectors, laboratories, and Medical Review Officers to
use the electronic version of the Federal Drug
Testing Custody and Control Form (eCCF) in the DOT - regulated drug testing p
Testing Custody and Control Form (eCCF) in the DOT - regulated drug
testing p
testing program.
(e) This section's prohibition on
using the services of a service agent concerning which the Director has issued a PIE applies to
employers in all industries subject to DOT drug and alcohol
testing regulations.
• When an
employer chooses to
use the C / TPA as the intermediary in the transmission of the MRO's verified drug
test results, this decision should be communicated from the
employer to the MRO and the C / TPA.
(e) If the medical evaluation reveals clinical evidence of drug
use, as the MRO, you must report the result to the
employer as a cancelled
test with written notations regarding the results of the medical examination.
This document discusses «best practices»
used by
employers to establish and maintain a compliant drug
testing program.
The Secretary shall determine if an
employer is authorized to
use the clearinghouse to meet the alcohol and controlled substances
testing requirements under title 49, Code of Federal Regulations.
As an
employer, you are ultimately responsible for compliance with the DOT drug and alcohol
testing regulations; therefore, you must ensure that the service agent you
use meets all the DOT required qualifications before
using the service agent.
The
employer must conduct all pre-employment alcohol
tests using the alcohol
testing procedures set forth in 49 CFR Part 40.
May a blood alcohol
test conducted by Federal, state, or local authorities be
used by an
employer for Post-Accident
testing?
First, in my experience, overwhelmingly
employers do not
use credit checks as a litmus
test, but rather they
use them at the end of a hiring decision.
more stringent 20ppb cutoff
used by few
employers and law enforcement agencies, yet the routinely conducted confirmation
testing, which employs more specific analytical methods, always found the THC metabolite levels much below the respective 10ppb cutoff.
Different as they may seem, these developments have something surprising in common: Artificial intelligence is being
used by
employers and employment lawyers to navigate the challenging question of what constitutes legally justified
testing for employee cannabis
use.
Specifically, the new subsections 247.98 (5) and (6) of the Code prohibit collection or
use by, or disclosure to,
employers of the results of genetic
tests without the written consent of the employee.
He has reviewed and revised drug
testing policies for dozens of corporate clients and counseled
employers around the country on discipline and discharge of employees for suspected alcohol or drug
use, including disability leave and treatment options.
As well, the arbitrator's decision is silent with respect to the many arbitration decisions over the last decade or so which stand for the proposition that in safety - sensitive workplaces, the
employer need not advance proof of an actual drug problem before adopting drug
testing policies (which are of course far more intrusive than the
use of drug sniffing dogs).
The
employer's policy encouraged employees who were concerned about their
use of alcohol or drugs to seek assistance voluntarily but provided for the possibility of discipline where an employee
tested positive for drug
use after an accident or other significant incident.
Lyndsay Wasser, Partner at McMillan LLP, told DataGuidance, «Pursuant to the Act's amendments to the Canada Labour Code 1985 («the Code»), even if employees agree to undergo a genetic
test, or to disclose the results to their
employer, the Act imposes limits on an
employer's ability to
use or disclose such information.
Employers typically
use alcohol
testing under specific circumstances:
Examples of the firm's innovative approach include its
use of litigation funding to fund an entire case in a financial mis - selling matter, conducting proceedings in the UK from the DIFC, and
testing what amounts to a «reasonable
employer» under DIFC Employment Law.
In a ground - breaking decision published on August 27, 2015 (BFI Newby Island Recyclery) the National Labour Relations Board revisited the
test to be
used in determining whether two
employers should be considered as a «joint
employer» for the purposes of applying the provisions of the National Labor Relations Act.
Thus, in cases concerning a conflict between an employee's right to privacy and the
employer's right to ensure the smooth running of the company (by monitoring employees communications and / or internet
use), a balance must be struck
using the
test of proportionality.