Policies and Practices

Latest Annual Drug Testing Index by Quest Diagnostics Documents Increasing Illicit Drug Use by Employees

Annual workforce drug testing rates recently made available by Quest Diagnostics, an industry leader in diagnostic and clinical testing, show

By |2020-09-21T13:55:00-05:006/30/2017|Categories: Policies and Practices|Tags: , , |Comments Off on Latest Annual Drug Testing Index by Quest Diagnostics Documents Increasing Illicit Drug Use by Employees

D.C. Circuit Rules That Broadly Worded Confidentiality Agreement Violates Federal Labor Law, But Orders Reconsideration of Nondisclosure Policy

In a closely watched case, the U.S. Court of Appeals for the District of Columbia Circuit ruled recently that an

By |2017-04-14T12:23:06-05:004/14/2017|Categories: Agency Enforcement, Labor Relations, Policies and Practices|Tags: , , , , |Comments Off on D.C. Circuit Rules That Broadly Worded Confidentiality Agreement Violates Federal Labor Law, But Orders Reconsideration of Nondisclosure Policy

New Study by Pew Research Center Sheds Interesting Light on Public Attitudes Toward Mandated Paid FMLA Leave

A recent public opinion and experience survey by the Pew Research Center focusing on paid parental, family, and medical leave

By |2017-04-14T12:19:03-05:004/14/2017|Categories: Disability, Accommodations, and Leaves, Policies and Practices|Tags: , |Comments Off on New Study by Pew Research Center Sheds Interesting Light on Public Attitudes Toward Mandated Paid FMLA Leave

Eleventh Circuit Issues Favorable CFAA/SCA Ruling, Orders Former Employee Who Improperly Accessed Email Accounts To Pay $80,000 in Damages

In a favorable decision for employers, the U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court

By |2017-03-10T16:23:03-05:003/10/2017|Categories: Policies and Practices|Tags: , |Comments Off on Eleventh Circuit Issues Favorable CFAA/SCA Ruling, Orders Former Employee Who Improperly Accessed Email Accounts To Pay $80,000 in Damages

Ruling by Ninth Finds Willful FCRA Violation Where Required Employer Disclosure Contains Extraneous Waiver Language

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit has ruled that an employer

By |2017-03-03T16:25:23-05:003/3/2017|Categories: Background Checks, Policies and Practices|Tags: , , |Comments Off on Ruling by Ninth Finds Willful FCRA Violation Where Required Employer Disclosure Contains Extraneous Waiver Language

Ninth Circuit Rules That Qualification for Leave Under Employer’s More Generous Policy Does Not Automatically Confer FMLA Eligibility

The U.S. Court of Appeals for the Ninth Circuit refused recently to interpret the federal Family and Medical Leave Act

By |2020-09-21T13:55:04-05:002/17/2017|Categories: Disability, Accommodations, and Leaves, Policies and Practices, State Standards|Tags: , , , , |Comments Off on Ninth Circuit Rules That Qualification for Leave Under Employer’s More Generous Policy Does Not Automatically Confer FMLA Eligibility

Hair Testing Ruling by First Circuit Illustrates Challenge of Defending Selection Practice Against Adverse Impact Claim

The U.S. Court of Appeals for the First Circuit has remanded a case to a trial court jury for a

By |2020-09-21T13:55:05-05:002/3/2017|Categories: Background Checks, Discrimination and Harassment, Policies and Practices|Tags: , , , |Comments Off on Hair Testing Ruling by First Circuit Illustrates Challenge of Defending Selection Practice Against Adverse Impact Claim

Percentage of Full-Time Workers Engaging in Illicit Drug Use Hit 10-Year High in 2015

The percentage of U.S. workers who are full-time employees (FTEs) engaging in illicit drug use (including marijuana) on a monthly

By |2020-09-21T13:55:05-05:001/20/2017|Categories: Policies and Practices|Tags: , , , , |Comments Off on Percentage of Full-Time Workers Engaging in Illicit Drug Use Hit 10-Year High in 2015

Tenth Circuit Rules That “Faragher/Ellerth” Affirmative Defense Applies to Age-Based Hostile Environment Claims

Addressing the issue for the first time, and more definitively than any other federal appeals court to date, the U.S.

By |2020-09-21T13:55:08-05:0012/30/2016|Categories: Discrimination and Harassment, Policies and Practices|Tags: , , , |Comments Off on Tenth Circuit Rules That “Faragher/Ellerth” Affirmative Defense Applies to Age-Based Hostile Environment Claims