Drug Tests May Determine Some Unemployment Eligibility

September 19, 2017

Drug Tests May Determine Some Unemployment Eligibility

On the last day of March 2017, President Donald Trump signed legislation that will grant states more leeway to drug test unemployment insurance applicants for benefit eligibility and job readiness.

Historically, states haven’t drug tested people seeking unemployment benefits because the Social Security Act (SSA) hasn’t allow agencies to restrict factors that are not related to the “fact or cause” of a worker’s unemployment. Many lawmakers have been seeking to allow states to drug test applicants as a condition of receiving unemployment compensation (UC) benefits.

In 2012 an amendment to the SSA allowed states to drug test unemployment compensation applicants as a condition of eligibility in the following limited circumstances:

  • If they were fired by their last employer for unlawful drug use.
  • If they were seeking jobs in occupations that regularly drug test.

Then in 2016, a U.S. Department of Labor (DOL) rule narrowly defined the “occupations” for which drug testing was permitted as those for which testing is required by federal or state law. That DOL ruling allowed drug testing for:

  • Occupations that require carrying firearms
  • Occupations that require operating vehicles that transport passengers.
  • Flight crews
  • Railroad crew members
  • Air traffic controllers.

On March 31, 2017, President Donald J. Trump signed legislation to nullify the 2016 U.S. Department of Labor rule that narrowly limited the circumstances under which drug testing may be carried out by states in administering their unemployment insurance systems.

This most recent legislation now expands those DOL regulations so that all states are cleared to explicitly deny unemployment insurance benefits to applicants who lost their job due to illegal drug use, and establish a state’s ability to conduct a drug testing program as a condition of eligibility. As of now, 20 states deny unemployment insurance benefits to applicants who lost their job due to illegal drug use.

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CCSCT was approached by First NonProfit to discuss its Unemployment Savings Program and ways the program could significantly reduce the amount of unemployment taxes we were paying. At the time, our agency was paying approximately $80,000 per year. First NonProfit conducted an analysis to determine if making the switch would be in our best interest, and it clearly was based on our circumstances. The first year on the program, CCSCT saw a 70% reduction in its unemployment costs and each year, continues to experience further reductions as a result of having minimal claims. Some additional benefits of the program including having a fixed annual cost, an interest-baring reserve account, professional unemployment claims management and representation at all unemployment hearings. This has been one of the best decisions we have made.

Community Council of South Central Texas, Inc., Seguin, TX

We first started using First Nonprofit’s Unemployment Savings Program when we were a small startup nonprofit.  We didn’t have an HR department and needed expertise in the event that an unemployment claim was made.  We knew we were eligible to be a reimbursing employer, but weren’t sure how to navigate that process.  They made it easy to set things up, plan for, and then manage claims when they came at a very reasonable cost. The amount of time and stress they’ve saved us dealing with all this has been worth way more than the cost.  We’ve now grown to a large nonprofit and do have an HR department but have no plans to stop using their services.  I highly recommend them to every nonprofit I come into contact with!

CROSSPURPOSE, Denver, CO

Throughout our membership in the Unemployment Savings Program, First Nonprofit understood our demands, community dynamics, and the importance of seamless services; that allowed us to serve our constituents better.

Prevent Blindness America, Chicago, IL

Because INCS advocates for the operating conditions that allow charter public schools to provide high quality public education, partnering with First Nonprofit was an easy decision. First Nonprofit’s unemployment programs provide our member schools two operating elements crucial to their ability to provide high quality public education: savings and budget certainty. Capable, committed teachers are the key to student success. By participating in the unemployment insurance savings plan, charter public schools gain peace of mind and are able to invest more money in their teachers.

Illinois Network of Charter Schools, Chicago, IL

It has been our sincere pleasure to maintain a strong, vibrant business partnership with First Nonprofit. We greatly admire their strong industry knowledge, technical expertise, constant professionalism, knowledgeable and dedicated staff. They are always extremely responsive, personable and provide us with the necessary guidance and recommendations on a numerous variety of employment scenarios.

Thresholds, Chicago, IL

NYCON members who use First Nonprofit’s programs enjoy enduring savings and improved efficiency. Our association knows that success, because from the beginning, we achieved the same great benefits. Great savings, seamless technology, and responsive service. NYCON highly recommends First Nonprofit’s remarkable unemployment solutions.

New York Council of Nonprofits, Albany, NY

Visually Impaired Preschool Services has been a client of First Non-Profit since it was first offered as a benefit of VisionServe Alliance. We completed a thorough evaluation of cash savings to our agency before taking advantage of this wonderful benefit and it has been a very wise decision. Our experience with the processes from accounting to claims have been professional, expeditious and easy.

Visually Impaired Preschool Services, Louisville, KY

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