It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more
6/20/2018
/ Americans with Disabilities Act (ADA) ,
California Family Rights Act (CFRA) ,
Disability ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employer Liability Issues ,
Employment Policies ,
Labor Code ,
Leave of Absence ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
Synopsis: Effective July 1, 2018, Iowa employers may lower their standard for alcohol tests and consider taking action against an employee with a blood alcohol concentration as low as .02....more
Seyfarth Synopsis: Effective October 13, 2018, Massachusetts employers will no longer be permitted to inquire about certain misdemeanor convictions and sealed or expunged records for employment purposes. ...more
Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. ...more
4/26/2018
/ Ban the Box ,
Conditional Job Offers ,
Credit Reports ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Michigan Governor Rick Snyder recently signed a bill that will prohibit counties and cities from enacting “ban-the-box” ordinances or other restrictions on the ability of private employers to inquire about...more
4/26/2018
/ Amended Legislation ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Private Sector ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: On April 3, 2018, San Francisco amended its Fair Chance Ordinance to align, in some respects, with California’s new ban-the-box law. San Francisco employers with more than five employees still must be...more
Seyfarth Synopsis: The Washington Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history before the applicant is deemed “otherwise qualified” for the position sought. ...more
3/14/2018
/ Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.
California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more
Seyfarth Synopsis: Employers have been scammed into sending sensitive W-2 information to malicious third parties. This article outlines the key steps California employers must immediately take if subject to this unfortunate...more
2/14/2018
/ Data Breach ,
Data Protection ,
Employer Liability Issues ,
Identity Theft ,
IRS ,
Payroll Records ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Risk Management ,
State Data Breach Notification Statutes ,
Tax Fraud ,
W-2
Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more
Seyfarth Synopsis: In deciding to deny certiorari to review Spokeo, Inc. v. Robins, No. 17-806 (U.S. 2017), the U.S. Supreme Court has declined to reconsider the standing principles it announced in its landmark 2016 Spokeo...more
1/24/2018
/ Article III ,
Background Checks ,
Corporate Counsel ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Petition for Writ of Certiorari ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
Seyfarth Synopsis: The Spokane City Council recently approved a “ban-the-box” ordinance, which, if it becomes law, will prohibit employers from requesting and considering criminal history until after an interview. The Mayor...more
Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel.
...more
Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act....more