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In Lewis v. Southwest Airlines, the plaintiff asserted classwide and “willful” violations of the Fair Credit Reporting Act’s disclosure requirement and corresponding violations of California’s fair credit reporting act. The court reasoned that…
According to a 2016 Gallup poll, more than 60 percent of Americans support the legalization of marijuana, the highest approval rating in its 47-year history. In 2010, two out of every five of the $249 billion spent on alcohol in the United States were paid by federal,…
About 33 states and municipalities in the United States have some sort of drug testing law. These laws often refer to the Substance Abuse and Mental Health Administration (SAMHSA) regulations or the Department of Health and Human Services (DHHS) regulations….
More than 70 percent of all of the freight tonnage moved in the U.S. goes on trucks, an industry that must be focused on safety. It has even regulated its own industry by proposing and initiating numerous safety improvements. The inclusion of hair as an alternative…
Although not all state drug testing laws include provisions for alcohol testing, many states defer to the federal standards and require workplace alcohol tests to be conducted in accordance with the Substance Abuse and Mental Health Services Administration guidelines…
In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State Human Rights Law (NYSHRL) is limited to a party’s employer and if so, can the coverage extend to other related entities? In…
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…
In January, the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids to its drug testing panel. It also will add…
The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) recently announced a final rule establishing a national drug and alcohol clearinghouse database for commercial motor vehicle drivers. The rule, which will be in effect by…
Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or an independent contractor. California…