Category: Policy

Do Your Hiring Guidelines Violate the Age Discrimination in Employment Act?

Discrimination against older workers is illegal.  Including an age range or discouraging older workers in a job posting is blatant discrimination and I doubt any of you would do that. Yet there are companies that use hiring guidelines that show a clear preference for younger candidates and these too can be considered a violation of […]

Read More

How a Hiring Technicality Can Land Companies in Court

A slew of lawsuits has been filed lately against companies accused of violating FCRA in their hiring processes. The most recent company to join that list is Starbucks Corp. for a violation in its adverse action process. A Colorado man named Jonathan Rosario filed a class action lawsuit against Starbucks after being denied a job […]

Read More

What Happened to the New FLSA Overtime Rule?

Days before the deadline, a federal judge put an injunction on the new FLSA rule that would have entitled 4 million workers to overtime pay.  U.S. District Judge Amos Mazzant III ruled that the new regulations ignored Congress’s intent by supplanting the duties test. What Happens Now? The Department of Justice can appeal the decision, which […]

Read More

What Tuesday’s Election Means For Employers

It’s difficult to make predictions about what last week’s election means for businesses. There are so many so many variables to consider.  So, let’s look at what we do know. Four States Legalized Recreational Marijuana Maine, Massachusettes, Nevada, and California all legalized recreational marijuana. As we’ve said before, drug testing policy won’t change until federal […]

Read More

Five States Will Legalize Marijuana in November

On Nov 9th, voters will be deciding on more than just who will run our country for the next four years. Voters in five states will vote on measures to legalize and regulate marijuana use as well. Recent polls show a “yes” vote will win in all five states: California, Arizona, Massachusettes, Maine, and Nevada. […]

Read More

Congress Passes Unfunded Opioid Bill

Finally, an opioid bill has passed the House and Senate and is on its way to President Obama’s desk. They have passed a bill that rethinks the way we address addiction, reframing it as a medical issue rather than one of weak character, which is a step in the right direction. They also neglected to […]

Read More

We Can’t Trust Cheap Roadside Drug Tests

In a recent article called Busted, ProPublica makes a strong case against the roadside drug tests used by law enforcement to make drug busts. According to the article, the accuracy varies widely depending on who is using the test and under what circumstances. The cocaine test uses the chemical cobalt thiocyanate, which turns blue when […]

Read More

What 420 Really Means

This month Pennsylvania became the 24th state to legalize medical marijuana and today is a national holiday of sorts for the marijuana culture. The conversation about marijuana is changing so fast it isn’t easy to keep up with it. Employers can’t help but wonder what it means for businesses that value a drug-free workplace. Should […]

Read More

Court Ruling: Banning Felons from Employment is Unconstitutional

In a unanimous decision, a seven-judge panel in Pennsylvania struck down a state law that banned from employment as many as 200,000 people with criminal records. Deemed unconstitutional was part of the state’s Older Adult Protective Services Act because it was too broad in delineating the types of past crimes that disqualified people from working […]

Read More

New Random Drug Testing Requirements for Commercial Drivers

Last week the Federal Motor Carrier Safety Administration (FMCSA) announced that it is reducing the minimum annual rate for random controlled substances testing for drivers of commercial vehicles, those requiring a commercial driver’s license, from the current rate of 50 percent to 25 percent of the average number of driver positions. This new requirement is […]

Read More