Marijuana has been and will continue to be a huge topic in employment law. While federal law still holds that marijuana is an illegal controlled substance, states and local jurisdictions are legalizing it for medical and recreational use. Some...
The Big Apple makes progressive moves to ease restrictions on the use of marijuana
If you operate in California or have contact with consumers in California, you have likely already heard about the California Consumer Protection Act (“CCPA”), the United States’ answer to the European Union’s General Data Protection Regulation....
As more and more states pass laws decriminalizing and even legalizing the recreational use of marijuana, it is not surprising that marijuana continues to be a prevalent topic for lawmakers and courts throughout the country.
As part of its 2019-2020 State Budget, the New York Legislature approved a significant increase to the search fees associated with Office of Court Administration searches. The fee will increase from $65 to $95 per search plus any additional...
On March 11, 2019, the US District Court for the Central District of California approved a settlement stipulation between the parties involved in the Fair Credit Reporting Act (FCRA) case between Thomas Robins and Spokeo, Inc.
The Ninth Circuit Court recently adopted a decision that may affect those who are subject to the Federal Fair Credit Reporting Act (“FCRA”) as well as California's Investigative Consumer Reporting Agencies Act (“ICRAA”). These laws regulate...
The background and drug screening industry is an ever-changing landscape. While there are various topics and issues that arise regarding these types of screenings, these specific trends in the industry require an especially close review.
The Northern District of California provided additional guidance to employers with its decision in Soman v. Alameda Health Systems. Plaintiff Jas Soman brought a possible class action against Alameda Health Systems, arguing that Alameda had...
As of January 10, 2019, there will be no changes to the Federal Motor Carrier Safety Administration's (FMCSA) random drug testing rates. The agency is required to publish its required random testing rates only when they are changing.
As the weather gets colder, 2018 is drawing to a close and 2019 is days away. The compliance world was busy this past year. AccuSource discussed 2018’s biggest compliance topics in its annual webinar, but here is a summary of those items in case...
In a small business, there’s little room for mistakes. You’ve put your blood, sweat, and tears into your company so it’s no surprise you’re wary about who you pick to represent your business. And you should be—every interaction a client has with...
The National Labor Relations Board (NLRB) recently determined that an employer violated the National Labor Relations Act (NLRA) by enrolling in E-Verify without first seeking approval from the union that represents its employees (Ruprecht Co.,...
The Police Record Checks Reform Act 2015 was passed by the Ontario government on December 1, 2015 and was scheduled to go into effect November 1, 2018. The act required that the results of a positive criminal conviction search be shared with a...
Once upon a time, a well-educated, dynamic HR Manager had a customer service department supervisor position to fill. The previous supervisor departed with little notice, leaving the HR Manager under significant pressure to find a suitable...
Courts at the state level have been addressing the conflict between federal and state law concerning the use of marijuana. While numerous states have legalized marijuana for medical or recreational use, federal law still classifies marijuana as...
The Economic Growth, Regulatory Relief and Consumer Protection Act was signed into United States Federal Law by President Donald Trump on May 24, 2018. The legislation will go into effect on September 21, 2018 and requires new language to be...
Delaware has proposed legislation that can provide a clean slate for those with certain types of misdemeanor offenses. Referred to as the “Clean Slate Act,” the legislation would allow the automatic sealing of records for non-violent federal...
Recent FCRA Class Action Dismissals Show Promise for Consumer Reporting Agencies and Employers
Lawsuits brought under the Fair Credit Reporting Act (FCRA) have been picking up steam for years, resulting in sometimes million-dollar settlements for...
Which drug testing method is right for your organization?
Far from being a "one-size-fits-all" type of problem, substance abuse screening for employers can be a varied and complicated landscape to navigate. There are a number of different...
