We’ve been seeing a new risk associated with I-9s, originating (ironically) from employers’ often-diligent attempts to prevent...
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I-9 and E-Verify Decisions Can Lead to Unfair Labor Practices
California Employer Agrees to Pay Largest Civil Penalty for Discrimination During the I-9 Process
The Department of Justice announced that Luis Esparza Services, Inc. (LES) had agreed to pay $320,000 to resolve allegations that the company...
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Connecticut Drug Testing Statutes Do Not Apply To Hair Tests, Court Holds
Connecticut’s drug testing laws apply only to urinalysis drug tests and not to a drug test using hair specimens which led to an...
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California Court Upholds Emotional Distress Award Due to Unannounced Random Drug Test
A California appellate court affirmed an award of emotional distress to two employees who felt pressured to submit to a random drug test. The...
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Positive Workplace Drug Test Results on the Rise for Second Straight Year, Study Finds
For the second year in a row, the percentage of American workers testing positive for illegal drugs has increased, according to a study conducted...
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Federal Law Trumps Colorado Medical Marijuana Protections
Colorado workers who use medical marijuana and engage in other activities permitted by state law but not federal law are not protected by the...
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District Court Holds that Mailing Pre-Adverse and Adverse Action Letters Five Business Days Apart is Plausible FCRA Claim When it Conflicts with Content of Pre-Adverse Action Letter
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible...
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Ohio ‘Bans the Box’ on State Applications
Starting June 1, criminal offenders in Ohio will no longer have to check a box requiring them to reveal past convictions on state civil service...
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New York City Passes Ban-the-Box Legislation Affecting Private Employers
On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. The Act amends the New York City Human...
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Food Lion Job Applicants Class Action Settlement
An almost $3 million class action settlement was reached with Food Lion LLC and its parent company Delhaize America LLC to resolve allegations...
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Employers Can Check Applicants’ LinkedIn References Without Violating the FCRA
The United States District Court for the Northern District of California recently dismissed a proposed class action alleging that LinkedIn was a...
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Cook County, Illinois Amends Human Rights Ordinance to Limit Credit Checks
Cook County, Illinois enacted a bill (No. 15-3088) that amends the Cook County Human Rights Ordinance to restrict employers from asking about or...
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