Seyfarth Synopsis: On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that...more
Seyfarth Synopsis: On June 18, 2021, the Iowa Supreme Court upheld a portion of the Waterloo, Iowa ban-the-box law’s restrictions on “when” employers can inquire about criminal history, but struck down restrictions on “what”...more
On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a...more
Seyfarth Synopsis: New York has become the latest state to enact a law protecting the use of personal nonmedical cannabis for individuals age 21 and over. As one of the nation’s largest cannabis markets, New York will...more
Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in...more
Recognizing that state medical and recreational marijuana laws are sweeping the nation, and that a recent survey reflected that nearly half of surveyed American adults have used marijuana, the Acting Director of the U.S....more
Seyfarth Synopsis: New Jersey recently enacted a law permitting personal, nonmedical use of marijuana for individuals age 21 and over. Separate laws decriminalize marijuana and hashish possession and set out the penalties...more
Seyfarth Synopsis: Illinois currently has a ban-the-box law restricting employers from asking about criminal history generally until after an interview and the state’s Human Rights Act makes it unlawful for an employer to...more
Seyfarth Synopsis: On September 15, 2020, Hawaii Governor David Y. Ige signed Senate Bill 051, which narrows the scope of convictions that employers can use for hiring and other employment-related decisions. The new law is...more
Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more
8/21/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more
6/30/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: On May 29, 2020, the Rhode Island Supreme Court affirmed dismissal of an employee’s lawsuit against his former employer after it terminated him for refusing to submit to a reasonable suspicion drug test,...more
On April 27, 2020, the Suffolk County Legislature filed with the Secretary of State an amendment to the county’s Human Rights Code to include a new “Fair Employment Screening” section. ...more
5/28/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
New Regulations ,
State and Local Government
Seyfarth Synopsis: In recent years, federal courts have weighed in on the Fair Credit Reporting Act’s (FCRA) requirement that consumer report disclosures be in a standalone document consisting solely of the disclosure. ...more
While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant...more
Marijuana (cannabis) remains a Schedule I drug under the federal Controlled Substances Act. And, more than a decade ago, the California Supreme Court held in Ross v. RagingWire Telecomm., Inc., that employers have the right...more
Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more
4/11/2020
/ Background Checks ,
Class Action ,
Corporate Counsel ,
Credit History ,
Criminal Background Checks ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Application ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Job Offers ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance.
UPDATE #2: On April 3, 2020, the lawsuit brought by the Iowa Association of Business and Industry (the “Association”) against the...more
4/10/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Regulations ,
Local Ordinance ,
Penalties ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s May 2019 veto of the Act Concerning Record Screening Practices (Ban the Box) (the “Act”). As a result, effective...more
2/7/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
General Assembly ,
Governor Vetoes ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more
2/4/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Regulations ,
Local Ordinance ,
Penalties ,
Regulatory Requirements ,
State and Local Government
In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more
2/4/2020
/ Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Labor Law Violations ,
Medical Marijuana ,
Private Right of Action ,
Public Policy ,
Reasonable Accommodation ,
Wrongful Termination
Seyfarth Synopsis: On December 17, 2019, Congress passed "The Fair Chance To Compete for Jobs Act of 2019" (the “Act”) as part of the National Defense Authorization Act. ...more
1/28/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Defense Contracts ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Regulatory Requirements
On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more
1/28/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Controlled Substances ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Preemption ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The San Francisco Fair Chance Ordinance (the “FCO”), which was amended as of October 1, 2018, has long required that covered employers provide employees with the Office of Labor Standards Enforcement’s...more
1/24/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
San Francisco ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance.
UPDATE: The Iowa Association of Business and Industry has filed a lawsuit against the City of Waterloo and the Waterloo Commission on...more
1/24/2020
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Covered Employer ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Multistate Corporations ,
New Regulations ,
Regulatory Requirements ,
State and Local Government