In a 4-3 decision, the Supreme Court of Ohio answered this question: If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary”, but not specifically addressing direct observation testing, do the employees have a cause of action if their only option is […]
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Federal Developments FDIC Issues Final Rule Revising and Codifying Section 19 to Allow Greater Employment Opportunities for Individuals With Certain Minor Criminal Offenses on Their Records The Federal Deposit Insurance Corporation (FDIC) approved a final rule to revise and incorporate into the FDIC’s regulations a longstanding Statement of Policy (SOP) related to individuals with certain […]
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Have you ever wondered where background check information comes from? There are two primary collection methods that the background screening profession uses to procure information – databases and live research. Both methods have benefits and drawbacks. Let’s explore each… Databases The average criminal background check used in employment screening searches criminal record data at the […]
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Federal Developments OSHA Publishes Frequently Asked Questions on COVID-19 On July 2, the Occupational Safety and Health Administration published a set of Frequently Asked Questions Related to COVID-19. The FAQs do not appear to provide any new guidance but are grouped by topic for easier reference and are more user-friendly as a result. Before publication of […]
Read More »What seems like ages ago, in April 2012 the Equal Employment Opportunity Commission (EEOC) released their Consolidated Guidance on the Use of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act. This guidance addressed the unintended discriminatory impact of criminal background checks on certain minority groups. If a background […]
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Federal Developments Three-Month Waiver in Response to the Economic Consequences of the COVID-19 Public Health Emergency To relieve employers of commercial motor vehicle drivers subject to 49 CFR Part 382 from certain pre-FMCSA grants, a three-month waiver from certain pre-employment testing requirements applicable to employers of drivers subject to 49 CFR part 382. This action […]
Read More »LinkedIn announced my “work anniversary” during June and I received some truly appreciated notes from friends and clients across the country. Thought I’d share a bit of history (you have some free time, right?) about this date. I actually began building the framework for this company in 1992 while in the employ of another company. […]
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May 4, 2020: The group, Californians for Consumer Privacy, those behind the ballot initiative that inspired the California Consumer Privacy Act of 2018 (“CCPA”), announced that it amassed over 900,000 signatures to qualify the California Privacy Rights Act (“CPRA”) for the November 2020 ballot. The group submitted the CPRA for inclusion on the November ballot in counties across […]
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A notice was released by the Federal Motor Carrier Safety Administration (FMCSA) Department of Transportation (DOT) granting waivers from certain regulations applicable to interstate and intrastate commercial driver’s license (CDL) and commercial learner’s permit (CLP) holders and to other interstate drivers operating commercial motor vehicles (CMVs) until September 30, 2020 in response to the public […]
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In case you forgot – on December 17, 2019, the Senate passed, and the President signed the National Defense Authorization Act (“NDAA”) for Fiscal Year 2020. Within the NDAA, the government enacted the Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) prohibiting federal agencies and federal contractors from requesting criminal background […]
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