Changes in federal sentencing guidelines will result in the early release of thousands of inmates from prison over the next several years. The lack of employment is generally recognized as a factor that causes recidivism for ex-offenders, and there is increased…
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Hoosier Daddy? Background Checks Not Subject to Indiana Sales Tax
The Indiana Department of Revenue concluded that a company’s employment screening and background checking services are not subject to sales tax. The company in this matter receives requests from customers seeking to verify the background, employment history or…
Background Checks More Accurate When Done by Private Sector Companies: Stuart Pratt, Consumer Data Industry Association
An opinion piece by Shantell George claimed that background checks done by private sector businesses were inaccurate. However, she failed to offer any statistics to substantiate that opinion. Background checks done by private sector companies are more accurate and…
Model Social Media Privacy Legislation to be Proposed in 2016
The Uniform Law Commission recently announced that it intends to propose legislation in 2016 that would seek to bring uniformity and consistency to social media privacy legislation across the states, particularly in the 27 states that have not passed such legislation….
Maine Is Latest State to Restrict Employer Access to Personal Social Media Accounts
Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or requesting an employee or applicant: to…
Employers May Request Alternative Documents Following an Internal I-9 Audit
On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued atechnical assistance letter (TAL) in response to an employer’s request regarding an employer’s potential liability if the…
Privacy Analytics Launches Tool to Help Identify and Manage Data Privacy Risks
Privacy Analytics Inc. announced the release of Risk Monitor, a privacy risk assessment tool that gives organizations the ability to identify, measure and manage the level of risk exposure associated with their data sharing practices.Risk Monitor identifies potential…
Employee Failed to Show that Positive Drug Test Result For Barbiturates Was Discriminatory
A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman worked in a safety-sensitive position and tested positive for phenobarbital, which is a barbiturate. Roman claimed…
Ohio Employers Need Not Be Hazy About Marijuana in the Workplace
Every employer in Ohio and surrounding states must now begin to develop workplace controls to fully address the legalization of marijuana in Ohio. To be most effective and legally defensible, these controls should be more expansive than simple revisions to current…
EEOC Sues Employer Who Allegedly Refused to Hire Methadone User
The Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit against an employer who purportedly…






