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Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute and many consider it complicated and difficult to administer. Even if an employee tests positive for illegal drugs the employer is required, among other things,…
In a complaint filed January 15, 2015 in the Southern District of New York the Plaintiff – Alberto Rivera, a job applicant at a Bronx, NY location – alleges Pizza Hut violated the federal Fair Credit Reporting Act (FCRA) requirement that a “clear and…
A second class action lawsuit alleging improper background checks on job applicants was filed in federal court in Texas against the retail craft supply chain Michaels Stores Inc. The plaintiff argues that Michaels violated the federal Fair Credit Reporting Act (FCRA)…
Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are against consumer reporting…
A January 2015 report from the National Employment Law Project (NELP) indicates that “almost one in three adults in the United States has a criminal record that will show up on a routine criminal background check. This creates a serious barrier to employment for…
The principal owners doing business as “Jefferson High School Online” and “Enterprise High School Online,” are permanently banned from marketing and selling academic degrees under settlements with the Federal Trade Commission. Defendants led…
Title VII of the 1964 Civil Rights Act prohibits public and private employers from discriminating against job seekers on the base of race, ethnicity, religion or gender, unless the employer can demonstrate a business necessity. These discriminations are widely…
“2013 was a gangbuster year for embezzlement in the United States, exceeding even 2012’s previous record pace,” says Christopher T. Marquet, author of The 2013 Marquet Report on Embezzlement, released in December 2014. Vermont topped the list of…
M&A Transactional lawyers have to cover a lot of ground in their deals: employment, tax, commercial real estate, intellectual property, and ERISA laws to name a few and in many cases I-9 immigration compliance is not included. When representing the acquirer,…
E-Verify: Employee Re-verification – At present, employers are unable to re-verify an existing employee’s work authorization in E-Verify, and in fact, must not do so. USCIS is working on developing a re-verification process for E-Verify. E-Verify: Employee…