With America in the throes of a prescription drug crisis, employers face the liability for failing to accommodate an employee’s use of legally prescribed medications. In Georgia, the Equal Employment Opportunity Commission recently sued a Georgia medical center…
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OSHA’S Post-Accident Drug Testing Rule Delayed
Along with the delay of OSHA’s new rule that affects post-accident drug testing procedures, the effective date now has been moved to Dec. 1 for employers. OSHA’s position on automatic post-accident drug testing states that “employers must establish a…
Ohio’s Medical Marijuana Law Impact on Employers
Under a new law, Ohio citizens who suffer from one or more specific illnesses or conditions can receive a doctor’s note allowing them to use certain forms of marijuana. The state law does not prohibit employers from banning its use or adverse action against…
Medical Marijuana a Fact of Life for Arkansas Employers
The new Arkansas law that allows for the use of medical marijuana requires use of a “Registry Identification Card,” providing patients who have qualifying medical conditions protections in the workplace. It is important for employers to understand the…
Federal Court Upholds NLRB Decision Finding
Timing is critical for employers who suspect drug or alcohol use of one of its employees. But in the case of Manhattan Beer Distributors LLC v. National Labor Relations Board, a federal court upheld the decision of the NLRB that an employer violated Section 8(a)(1) of…
Receipt of Improper Background Check Disclosure is Sufficient to Confer Standing Under Spokeo
The District Court for the Central District of California found in favor of consumer standing in the case of Spokeo, Inc. v. Robins. A similar case, Rodriquez v. El Toro Investors Ltd., is focused on an alleged violation of the Fair Credit Reporting Act. In this case,…
Man Wins 3.6 Million After Background Check Goofs
A $3.6 million verdict was won by a Florida man who was falsely identified twice by First Advantage Background Services as a man with the same birthdate, similar name and a violent criminal history. Richard Williams argued that when the company misidentified him as…
Marijuana Initiatives Do Not Require Changes to Drug Testing Policies
California and Massachusetts have approved referendums to legalize the recreational use of marijuana, while Florida and other states have passed or expanded medical marijuana laws. Regarding the new initiatives, it is important for employers to assess their current…
Older Women Leaving Prison ‘Less Likely to Return to Crime’
A study supported by the National Institute of Justice revealed that the older a woman is upon release from prison, the more likely she is to re-integrate into civilian society and avoid recidivism. After examining the cases of 218 women released from prison in the…
Jury Awards War Hero Over 1 Million Dollars in Negligent Hiring Verdict
War hero Jacob Matthew Cadriel recently was awarded more than 1 million dollars after he was shot and killed by co-worker Steven Damien Young in 2015. The jury found Woven Metal Products, Inc. negligent in knowingly providing an unsafe workplace for its employees. The…