Client Portals
Employers might assume that an injured worker’s positive post-accident drug or alcohol test will automatically defeat a related workers’ compensation claim. However, in Ohio at least, the reality is a bit more complicated. Under Ohio law, a positive, post-accident…
In March 2018, the sale and use of cannabis-derived CBD oil was legalized throughout the state of Indiana, but Act 52 raises new questions for employers and employees. The state does not regulate drug testing by private employers, allowing employers a wide latitude in…
A one-size-fits-all approach to employee termination as the result of positive drug tests simply isn’t realistic. A recent lawsuit was settled in South Carolina for $5,000, after the termination of a teacher, who disclosed information regarding his prior opiate…
California recently joined a growing number of cities and states to pass a law that bans salary history questions. Prompted by concerns about gender- and race-based wage discrimination, the law is designed to prevent employers from using past compensation as a basis…
At a recent Workers’ Compensation Education Conference, the senior vice president at PRIUM talked about the impact opioid and heroin use is having on the workers’ compensation system. Within this system, there is a growing acceptance that marijuana – a federally…
A judge recently allowed a claim of emotional distress to continue, denying the employer’s motion to dismiss. The case found that the employer knew the plaintiff suffered from post-traumatic stress disorder (PTSD) and waited until one day before she was scheduled to…
Altareek Grice has alleged in a class action lawsuit against Pepsi that the company obtained a consumer report from him without his knowledge or permission when he applied for a job at a bottling plant. He claims Pepsi failed to meet Fair Credit Reporting Act (FCRA)…
Employer DLS Precision Fab was appealing a $305,050 penalty for more than 500 immigration law violations when they attempted to argue that it had made a good-faith effort to comply with the Immigration and Nationality Act (INA) by hiring a well-credentialed HR…
As part of a new decision in Massachusetts, a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of her lawful medical marijuana use may state a claim of disability discrimination. A similar decision was made in…
A recent federal district court case has determined that Connecticut employees who have been certified by the Department of Consumer Protection to use medical marijuana outside of work hours and are not impaired while at work are protected by state law. The state’s…