Rep. Lamar Smith reintroduced the Legal Workforce Act, H.R. 3711, a bill that would require all employers to use E-Verify within two years. Smith believes that by expanding the E-Verify system, jobs will only go to legal workers. The Legal Workforce Act repeals the…
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New HHS Guidelines for Drug Testing Panels Effective 10/1/17
In January, the Department of Health and Human Services revised Mandatory Guidelines for Federal Workplace Drug Testing Programs that will become effective on the 1st of October. Those organizations that comply with Department of Health and Human Services (HHS)…
Implications of Marijuana Legalization and Opioid Use to the Workplace and the Workers’ Compensation System
At a recent Workers’ Compensation Education Conference, the senior vice president at PRIUM talked about the impact opioid and heroin use is having on the workers’ compensation system. Within this system, there is a growing acceptance that marijuana – a federally…
Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable
A judge recently allowed a claim of emotional distress to continue, denying the employer’s motion to dismiss. The case found that the employer knew the plaintiff suffered from post-traumatic stress disorder (PTSD) and waited until one day before she was scheduled to…
Pepsi Class Action Says Background Checks Violate Federal Law
Altareek Grice has alleged in a class action lawsuit against Pepsi that the company obtained a consumer report from him without his knowledge or permission when he applied for a job at a bottling plant. He claims Pepsi failed to meet Fair Credit Reporting Act (FCRA)…
Blumenthal Nordrehaug and Bhowmik File a Class Action Lawsuit Against Marriott Ownership Resorts, Inc. For Allegedly Violating the California Labor Code and the FCRA
Blumenthal, Nordrehaug and Bhowmik filed a proposed class action complaint against Marriott Ownership Resorts, Inc., for allegedly failing to provide California employees with the legally required thirty-minute uninterrupted meal periods after five hours of work. The…
Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information
In August, the Seventh Circuit Court of Appeals claimed that a plaintiff who alleges extraneous information in a background check disclosure form lacks the necessary Article III standing to maintain a lawsuit. Cory Groshek submitted 562 applications, seeking…
Joint Press Statement from Secretary Ross and Commissioner Jourova on the Privacy Shield Review
Officials from across the United States government, the European Commission and the European Union (EU) data protection authorities recently met to conduct the first annual review of the EU-U.S Privacy Shield framework. The review examined commercial and national…
As Privacy Shield Interest Increases, Organizations Await Review Results
The first annual review of the Privacy Shield framework was held this month. A marked increase in organizations saying they are already using or intend to use the Privacy Shield framework has been noted. The review revealed a 10% increase, up from just 34%, saying…
How Employee Background Verification Impacts the Culture of an Organization
With the anticipation of India as one of the world’s fastest-growing economies, the need for background verification checks has increased after one individual was found to have falsified his resume. The hiring company has faced an increase in workplace crimes of…