The 30th year of the Drug-Free Workplace Act and the Quest Diagnostics Drug Testing Index (DTI) continues to demonstrate that drug positivity...
MoreCaesars No Longer Screening Job Applicants for Marijuana Use
Prompted by Nevada’s recent legalization of recreational marijuana use, Caesars Entertainment Corp. has announced that it will no longer screen...
MoreHow Indiana’s Legalization of CBD Oil Will Impact Workplace Drug Testing
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...
MoreDrug Using Employee? Better Conduct An “Individualized Assessment” Before You Fire!
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...
More2018 Arizona Legislative Session What’s New for Arizona Employers?
Arizona’s new House Bill (HB) 2311, which will become effective Aug. 3, 2018, aims to create a blanket limitation on liability for employers that...
MoreOhio Court Throws Out FCRA Case Based on Initial Grade
Plaintiff Deloris Reid disclosed that she had been convicted of a misdemeanor assault a year before applying with grocery retailer Kroger. She...
MoreBackground Screening Company Defeats FCRA Claim with Standing and Effective Procedures Defenses
An Ohio plaintiff’s claim under the Fair Credit Reporting Act (FCRA) was thrown away because he couldn’t show that the report caused him an injury...
MoreNew California Laws Restrict Employer Access to Criminal and Pay Histories
In recent years, California joined other states in banning an employer’s ability to rely on criminal history information when making hiring...
MorePortion of Philadelphia Salary History Ban Ruled Unconstitutional
Philadelphia Federal Judge Mitchell S. Goldberg recently held that the portion of the city’s salary history ordinance that prohibits an employer...
MoreFormer Employees Hit Naples Hotel Group with FCRA Class Action Over Background Checks
A putative Fair Credit Reporting Act (FCRA) class action, filed Feb. 13 in the Ninth Judicial Circuit Court in Orange County, Fla., has been...
MoreBank Moves to Dismiss Background Screening Class Action Complaint Based on Federal Preemption Argument
In March, PNC Financial Services Group, Inc., moved to dismiss a class action complaint filed by Damian McCoy in the Western District of...
More“Ban the Box” Legislation Expands – What Should Employers Do?
With “Ban the Box” laws continuing to expand, many states are beginning to consider whether they should be asking questions about arrest and...
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