The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. Under this law, employers discriminate when…
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New York Restaurant begins 2014 with a Large Form I-9 Penalty
(OCAHO) issued its first decision in 2014 -U.S. v. Two for Seven LLC d/b/a Black & Blue Restaurant, which tells the story of a small New York restaurant that was assessed an I-9 penalty of $88,700 by OCAHO. The good news is the restaurant was successful in…
Colorado Affirmation Form Must be Used on October 1, 2014
Do you hire employees in Colorado (either now or in the foreseeable future)? The Colorado Department of Labor and Employment (CDLE) has released a new mandatory Affirmation of Legal Work Status form that must be used by employers for new hires (within the state) who…
Federal Court of Appeals Addresses Testing Employees for Lawful Prescription Drug Use
The Americans with Disabilities Act (“ADA”) makes it unlawful for an employer to either require its employees to undergo medical examinations or make disability-related inquiries that cannot be justified as “job related and consistent with business…
Worker Drug Test Positives Rise for First Time Since 2003
A new study published by Quest Diagnostics reported an increase in the workforce drug test positivity rate for the first time in ten years, fueled primarily by marijuana and amphetamines. The Quest Drug Testing Index (DTI) released on September 11, 2014 also showed a…
A Three Pronged Strategy To Stay Ahead Of Drug Test Cheaters (Second of two parts)
The first part of this article examined the creative ways in which some individuals try to beat a drug test. In order to beat cheaters at their own game, it is important to know what you’re looking for in terms of a urine sample that is not right. Labs primarily…
Madison Joins Chorus To Ban The Box
The City Council of Madison, Wisconsin has the joined numerous municipalities across the country by passing a legislation to ban the box – except for police and firefighter applicants – officials are now considering whether to force city vendors and…
District of Columbia Enacts Ban-the-Box Legislation Limiting Employers’ Criminal Background Inquiries on Applicants
A new District of Columbia law, Fair Criminal Record Screening Amendment Act of 2014 (Act Number A20-0422), prohibits employers from inquiring into a prospective employee’s criminal conviction background on its application and before making a conditional offer…
Udall Co-Sponsors Bill To Provide Background Checks To Organizations That Serve Children
U.S. Senator Tom Udallannounced that he is cosponsoring the Child Protection Improvements and Electronic Life and Safety Security Systems Act , that would enable children’s groups, summer camps, and other youth-serving non-profit associations to gain access to…
Arizona Lawmakers Want Background Checks For Hotel Workers
Two Arizona lawmakers have pledged to push for legislation that would prohibit registered sex offenders from having unfettered access to hotel guest rooms, an effort hospitality officials say they would welcome for discussion. The announcement comes in the wake of…