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Joining New York City, Westchester, and Albany, the Suffolk County Legislature, on November 20, 2018, adopted its own variation of a salary history ban. Taking effect on June 30, 2019, the Restricting Information on Salaries and Earnings Act (the “RISE Act”) amends…
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…
The U.S. Immigration & Customs Enforcement (ICE) has reportedly doubled the number of audits that it conducted during the entire 2017 fiscal year. In May, the agency’s Homeland Security Investigations (HSI) unit reported opening 3,510 worksite investigations in…
Mississippi Representative Willie Bailey recently proposed the bill “Urine Trouble Act,” which is intended to address synthetic urine being used by safety-sensitive employees to cover up negative drug testing. Although the bill passed in the Mississippi House was…
The 30th year of the Drug-Free Workplace Act and the Quest Diagnostics Drug Testing Index (DTI) continues to demonstrate that drug positivity rates are on the rise. For instance, the positivity rate for cocaine has increased for the fifth year in a row in the general…
Prompted by Nevada’s recent legalization of recreational marijuana use, Caesars Entertainment Corp. has announced that it will no longer screen job applicants for marijuana use as a condition of employment. Executive Vice President of Corporate Communications and…
In March 2018, the sale and use of cannabis-derived CBD oil was legalized throughout the state of Indiana, but Act 52 raises new questions for employers and employees. The state does not regulate drug testing by private employers, allowing employers a wide latitude in…
A one-size-fits-all approach to employee termination as the result of positive drug tests simply isn’t realistic. A recent lawsuit was settled in South Carolina for $5,000, after the termination of a teacher, who disclosed information regarding his prior opiate…
Arizona’s new House Bill (HB) 2311, which will become effective Aug. 3, 2018, aims to create a blanket limitation on liability for employers that hire an employee or contract with an independent contractor “who has previously been convicted of a criminal offense” –…
Plaintiff Deloris Reid disclosed that she had been convicted of a misdemeanor assault a year before applying with grocery retailer Kroger. She filed a putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act (FCRA) after General…