Client Portals
We’ve been seeing a new risk associated with I-9s, originating (ironically) from employers’ often-diligent attempts to prevent mistakes in the first place. This particular threat emerges from within – from the employer’s own workforce in the…
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. In the case at hand, it appears that LES routinely…
Connecticut’s drug testing laws apply only to urinalysis drug tests and not to a drug test using hair specimens which led to an employee’s termination, a Connecticut trial court has held. Schofield v. Loureiro Engineering Associates, Inc., 2015 Conn….
A California appellate court affirmed an award of emotional distress to two employees who felt pressured to submit to a random drug test. The Court reasoned that the random drug test administered in this case violated a fundamental right to privacy, which is protected…
For the second year in a row, the percentage of American workers testing positive for illegal drugs has increased, according to a study conducted by Quest Diagnostics. Quest Diagnostics’ Drug Testing Index (DTI) – an annual analysis of workplace drug…
Colorado workers who use medical marijuana and engage in other activities permitted by state law but not federal law are not protected by the state’s “lawful activities statute,” the Colorado Supreme Court ruled. In Brandon Coats v. Dish Network…
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the FCRA. In doing so, the Court’s decision raises questions about a widely…
Starting June 1, criminal offenders in Ohio will no longer have to check a box requiring them to reveal past convictions on state civil service job applications. Questions regarding prior convictions will be removed from thousands of applications for state government…
On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. The Act amends the New York City Human Rights Law (NYCHRL) to prohibit private employers in New York City with four or more employees from inquiring into or…
An almost $3 million class action settlement was reached with Food Lion LLC and its parent company Delhaize America LLC to resolve allegations that the company used illegal background check procedures on its job applications, in violation of federal law. The Food Lion…