Hiring Tips Blog
As Opioids Hit the Workforce, Employers are Forced to Improvise
The opioid epidemic that is destroying individuals and families across the country also is threatening to shut down manufacturing plants and whole industries. Particularly affecting men ages 25 to 54, opioid use has become a key factor regarding why “prime age”…
Are Zero Tolerance Drug Testing Policies About to Go Up in Smoke?
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…
Addiction in the Workplace is at an All-Time High
With American businesses losing $81 billion dollars per year due to drug use, many businesses are searching for ways to combat addiction within their company. Opioids like Vicodin, Percocet and OxyContin are responsible for an increasing number of workplace accidents…
A Potential New Hire Shaved His Head After Learning About Our Drug-Testing Policy
When a candidate learned about a company’s drug-testing policy, which includes hair testing for new hires and random screenings thereafter, he shaved his head and insisted he could not provide a hair sample for testing purposes. The company has several ways it could…
Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws
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…
Ohio House Proposes Hurdles to Hiring Process
Although the Ohio House has proposed a bill that is intended to protect the privacy of employment applicants, the bill could make the hiring process more cumbersome for employers. House Bill 187 provides that no employer may request an applicant’s Social Security…
Walmart Class Action Says Background Checks Violate Federal Law
Walmart is facing a class action lawsuit alleging that the company violates the Fair Credit Reporting Act by using unauthorized background checks. The lead plaintiff in the case argues that the business failed to provide adequate notice of the consumer report and did…
Texas Supreme Court Rejects Compelled Self-Publication Theory in Defamation Case
The Texas Supreme Court recently rejected the theory holding that an employee’s self-publication of defamatory statements cannot satisfy the publication element of a defamation claim. It further confirmed that there is no independent cause of action for compelled…
Postmates Courier Background Check Class Action Settlement
When Postmates failed to hire potential candidates based on background checks, the applicants argued the business was in violation of the federal Fair Credit Reporting Act. The plaintiffs claim the company did not provide a copy of background check results or the…
Ninth Circuit Holds that Plaintiff Adequately Alleged Article III Standing
The Ninth Circuit recently issued its decision on remand in Spokeo, reversing and remanding the case to the District Court. The Ninth Circuit issued its decision regarding whether the plaintiff had sufficiently pled a concrete injury required to establish Article III…
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