The E-Verify program is set to expire 9/30/15 unless it is reauthorized by Congress. So what does that mean for employers who use E-Verify? The program is administered by U.S. Citizenship and Immigration Services (USCIS). It was created as the Basic Pilot program back…
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Employers Might Want to Rethink the I-9 Review Process
A large clothing retailer recently entered into a settlement agreement with the Department of Justice (DOJ) following an allegation that the company discriminated against a non-US citizen in violation of federal immigration laws, including the Immigration and…
Company Fined $600,000 for I-9 Violations
The Office of the Chief Administrative Hearing Officer (OCAHO) has ordered Hartmann Studio, Inc. to pay a fine of over $600,000, which is one of the largest fines that it has ever assessed for I-9 form violations not involving the knowing employment of undocumented…
Start with Security: A Guide for Business, 10 Practical Lessons Businesses Can Learn from the FTC’s 50+ Data Security Settlements
Effectively managing security is no accident. Smart companies consider security upfront, assess their options and make good business choices based on the nature of their business and the sensitivity of the information involved. It is essential to focus on the…
Minnesota Court of Appeals Provides Helpful Roadmap for Employers Who Conduct Drug Testing
The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act, upholding dismissal of a wrongful discharge case after an employee who tested positive for drugs did not comply with the recommended treatment…
Large Employers Planning to Tightly Manage Employee Use of Expensive Drugs
More than half of large employers in 2016 will aim to more tightly manage employees’ use of high-priced specialty drugs, one of the fastest-growing expenses in their health plans. Despite those efforts, companies still expect the cost of specialty drugs that are…
Employee’s Positive Return-to-Duty Drug Test Result Warranted Termination Despite Employer’s Use of Low Cutoff Concentrations
A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator…
The Supreme Court of New Jersey Narrows the State’s Expungement Statute
N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances. As one example, the applicant seeking the remedy must have been “convicted of a crime,” but “…not convicted of any prior…
Spokeo, Inc. v. Robins: Petitioner Argues if There is No Actual Injury-in-Fact, Plaintiff Lacks Standing to Sue
Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in with their brief. As you may recall, the question before the Court has the potential to determine the future scope of…
Maine Enacts Social Media Protections for Applicants and Employees
Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of applicants and employees. Employers may not terminate, discipline or otherwise take adverse action against an employee, or reject…