Tennessee’s state immigration law just received an important update by the state legislature and Governor, and many employers in the state will soon be impacted. Beginning January 1, 2017, all Tennessee businesses with 50 or more employees will be required to use the…
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International Packaging Inc. Guilty of 94 Form I–9 Violations
An administrative law judge for the Office of the Chief Administrative Hearing Officer found Minneapolis, Minnesota–based International Packaging Inc. mostly liable for a series of Form I–9 violations.For the most part, Ellen Thomas ruled in favor of the government in…
Golden Employment Group Inc. Charged With Over 400 Form I-9 Violations
Form I-9 penalties typically grow by the violation, and Golden Employment Group Inc. is facing a huge penalty following allegations of hundreds of Form I-9 issues. Administrative Law Judge Ellen Thomas ruled that the temporary employment company is liable for more…
Most States Do Not Require Employers to Accommodate Use of Medicinal Marijuana
As of May 2016, 25 states plus the District of Columbia allow the medicinal use of marijuana by patients suffering from certain debilitating medical conditions. With perhaps 70-80% of marijuana patients between the ages of 18 and 60, there may be upwards of one…
What OSHA’s Electronic Recordkeeping Rule Means for Workplace Post–Accident Drug and Alcohol Testing
OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register. The OSHA rule has no impact on post-accident testing mandated by federal regulations or permitted by state workers’ compensation…
Pennsylvania’s New Medical Marijuana Act Implicates Employer Drug Policies
Pennsylvania’s Medical Marijuana Act (Act), effective May 17, 2016, makes the use, possession and distribution of marijuana lawful in the Commonwealth of Pennsylvania, provided the individual using, possessing and/or distributing the marijuana is authorized by the Act…
Finding Workers Who Can Pass a Drug Test
All over the country, employers say they see a disturbing downside of tighter labor markets as they try to rebuild from the worst recession since the Depression: They are struggling to find workers who can pass a pre-employment drug test.That hurdle partly stems from…
Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising out of Positive Drug Test Result
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result.Plaintiff, a 58-year old school bus driver, was terminated after taking a random drug test…
U.S. Census Bureau Settles Hiring Lawsuit Over Criminal Histories
The U.S. Census Bureau has reached a $15 million settlement of a lawsuit claiming it discriminated against black and Hispanic job applicants with criminal histories during the 2010 census by making it too hard to document their readiness for work. It requires the…
SEPTA Background Checks Violate Federal and State Laws
A new federal lawsuit alleges Southeastern Pennsylvania Transportation Authority (SEPTA) willfully violates federal and state laws when conducting criminal background checks of prospective employees, says Outten& Golden LLP and a coalition of legal advocates….