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With the beginning of a new year, it is time to make resolutions and review old, outdated workplace policies. Employers who conduct drug and alcohol testing should consider updating their drug and alcohol policies in 2016, particularly if they have not done so in…
Grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. TheADA does not protect illegal drug use by employees. If the illegal drug use, and not the disability, motivates a…
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has reduced the minimum annual percentage rate for random controlled substances testing for drivers of Commercial Motor Vehicles (CMVs) requiring a Commercial Driver’s License…
It appears that Ohio’s proposed off-duty conduct law is a whole lot worse for employers than Colorado’s similar (but very different) statute. Ohio’s proposed off-duty conduct law would prohibit an Ohio employer from terminating an employee for…
The New Jersey Department of Labor and Workforce Development (NJDOL) has adopted regulations for the Opportunity to Compete Act, the state Ban-the-Box Law, clarifying many questions, including the Act’s impact on businesses with multistate operations. The new…
On December 15, the Office of Personnel Management (OPM) published in the Federal Register a notice listing its priorities. Under “Suitability” on page 77883 of the Federal Register, OPM states that they will be “proposing modifications to its rules…
Amendments to Philadelphia’s “Ban the Box” legislation, the Fair Criminal Records Screening Standards, were signed into law by Mayor Michael Nutter on December 15, 2015. The amendments to Philadelphia’s ordinance, which take effect on March 14, 2016, expand the reach…
Ohio Governor John Kasich signed into law a bill that will bar public employers from including questions on job applications concerning an applicant’s criminal background.The signing of the “ban the box” vote comes amid growing national concern that…
In the last two years, the number of employment class actions under the federal FCRA has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with the FCRA’s disclosure and authorization requirements. However,…
Asheville, North Carolina, is eliminating any question about criminal convictions from most job applications, a change planned for some time in January.When the change is made, applicants will still go through a criminal background check, just later in the hiring…