The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act, upholding dismissal...
MoreLarge Employers Planning to Tightly Manage Employee Use of Expensive Drugs
More than half of large employers in 2016 will aim to more tightly manage employees’ use of high-priced specialty drugs, one of the...
MoreEmployee’s Positive Return-to-Duty Drug Test Result Warranted Termination Despite Employer’s Use of Low Cutoff Concentrations
A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be...
MoreThe Supreme Court of New Jersey Narrows the State’s Expungement Statute
N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances. As...
MoreSpokeo, Inc. v. Robins: Petitioner Argues if There is No Actual Injury-in-Fact, Plaintiff Lacks Standing to Sue
Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in...
MoreMaine Enacts Social Media Protections for Applicants and Employees
Effective as of October 15, 2015, employers in Maine will be restricted in their ability to access the personal social media accounts of...
MoreDelaware Adds to Growing Patchwork of Social Media Laws
On August 7, Delaware Governor Jack Markell signed a law to prohibit employers from interfering with the personal social media accounts of their...
MoreChuck E. Cheese Settles Background Check Lawsuit for $1.75 Million
On July 7, the United States District Court for the Southern District of California preliminarily approved a $1.75 million class action settlement...
MoreInsurer Required to Defend and Indemnify FCRA Action Despite Penalty Exclusions
The New York Supreme Court has issued an opinion finding that an insurer has a duty to defend and indemnify a national background screening...
MoreUsing Criminal Convictions in the Hire Process: A Hobson’s Choice for Employers?
Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes...
MoreSecurity Check Firm USIS Accepts $30 Million Fraud Settlement
United States Investigations Services, the security firm which vetted Edward Snowden, has agreed to a fine of about $30 million to settle U.S...
MoreEEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks
Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the...
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