Jennifer Mora

Jennifer Mora


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EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

12/6/2016 - ADA Corporate Counsel Disability Discrimination Drug & Alcohol Abuse Drug Testing EEOC Employer Liability Issues Employment Discrimination Opioid Prescription Drugs

Forget Trump or Clinton—What Else is on the November 8 Ballot?

Next week, Americans will head to the polls to elect their 45th President. Across the nation, voters will also fill 469 congressional seats, including 435 in the House and 34 in the Senate. While these federal races tend to...more

11/1/2016 - Ballot Measures Corporate Counsel Decriminalization of Marijuana Hiring & Firing Marijuana Medical Marijuana Minimum Wage Right to Work Sick Leave Unions Wage and Hour

New Background Check Requirements for California Transportation Network Companies

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or...more

10/19/2016 - Background Checks Ban the Box Criminal Background Checks Criminal Records DOJ Employer Liability Issues FCRA Hiring & Firing Investigative Consumer Reporting Agencies Act (ICRAA) Job Applicants Sex Offender Registry Surface Transportation Transportation Industry

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes.  The...more

10/4/2016 - Ban the Box Corporate Counsel Criminal Background Checks Criminal Records FCRA Healthcare Hiring & Firing Job Applicants Juveniles Minors New Legislation Screening Procedures

Four States Expanded Employer Data Breach Notification Obligations in 2016

With over 680 security breaches reported so far in 2016, more employers are being forced to confront the issue of how to respond to a breach. All states except Alabama, North Dakota and New Mexico now require notification...more

9/26/2016 - Breach Notification Rule Cyber Attacks Cybersecurity Data Breach Employer Liability Issues Hackers New Legislation Notification Requirements Personally Identifiable Information Popular

California's Recreational Marijuana Initiative Is Not Expected To Impact Employer Workplace Drug Policies

California may be the next state to join Alaska, Colorado, the District of Columbia, Oregon and Washington in legalizing adult recreational use of marijuana. On November 8, 2016, California voters will decide whether to...more

8/8/2016 - Corporate Counsel Decriminalization of Marijuana Employment Policies Marijuana Pending Legislation Young Lawyers

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...more

8/5/2016 - Ban the Box Criminal Background Checks Criminal Records Disparate Impact EEOC Employment Discrimination FCRA FEHC Hiring & Firing Job Applicants Marijuana Notice Requirements Title VII

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

6/21/2016 - Background Checks Corporate Counsel Credit History Employer Liability Issues Employment Application Employment Discrimination Hiring & Firing Job Applicants Local Ordinance Popular

Cal/OSHA Warns California Employers That Another Hot Summer is on the Horizon

On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued...more

6/14/2016 - Emergency Management Plans Employer Liability Issues OSHA Severe Weather Workplace Hazards Workplace Injury Workplace Safety

Ohio Becomes the Latest State to Legalize Marijuana for Certain Medical Uses While Avoiding Constitutional Ballot Initiatives

Last year, Ohio legislators found themselves caught in the middle of a media firestorm created by various pro-legalized marijuana groups who were politically savvy and financially funded enough to place multiple proposed...more

6/13/2016 - Controlled Substances Controlled Substances Act Decriminalization of Marijuana Employment Policies Marijuana Medical Marijuana New Legislation Popular

Connecticut Becomes the Third Jurisdiction in 2016 to "Ban the Box"

On June 1, 2016, Connecticut Governor Dannel Malloy signed a bill into law that prohibits most employers from requesting criminal history information on an initial employment application. Connecticut’s new “ban-the-box” law...more

6/6/2016 - Background Checks Ban the Box Corporate Counsel Criminal Background Checks Employment Application Hiring & Firing Job Applicants New Legislation

OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more

5/16/2016 - Alcohol Testing Data Collection Drug Testing Electronic Filing Employer Liability Issues Employer Mandates Final Rules OSHA Reporting Requirements Workplace Injury Workplace Safety

FTC Releases Updated FCRA Guidance On Background Checks

On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

5/12/2016 - Background Checks Corporate Counsel Credit Reporting Agencies Credit Reports Employer Liability Issues Employment Discrimination FCRA FTC Hiring & Firing

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients...more

5/10/2016 - ADA Controlled Substances Controlled Substances Act Decriminalization of Marijuana Employer Liability Issues Employment Discrimination Employment Policies Marijuana Medical Marijuana New Legislation

Vermont Joins the Ranks of Cities and States that "Ban the Box"

On May 3, 2016, Vermont Governor Peter Shumlin signed a bill into law that prohibits most employers from requesting criminal history information on an employment application. The law adds a new section to the state statutory...more

5/10/2016 - Background Checks Ban the Box Corporate Counsel Criminal Background Checks Employer Liability Issues FCRA Hiring & Firing Independent Contractors Job Applicants New Legislation

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

3/30/2016 - ADA Corporate Counsel Disability Discrimination Drug & Alcohol Abuse EEOC Employment Policies FMLA Hiring & Firing Reasonable Accommodation Substance Abuse Wage and Hour

Austin Becomes the First City in Texas to “Ban the Box”

On March 24, 2016, the Austin City Council passed the Fair Chance Hiring Ordinance, which will prohibit most employers from asking questions about or considering an individual’s criminal history until after making a...more

3/28/2016 - Ban the Box Corporate Counsel Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Local Ordinance

Proposed Regulations Issued by the New York City Commission on Human Rights Clarify and Expand the Citywide "Ban-the-Box" Law

New York City’s Fair Chance Act (FCA), which became effective on October 27, 2015, imposes obligations on covered employers and employment agencies well beyond all other "ban-the-box" laws.  On November 5, 2015, the New York...more

2/25/2016 - Background Checks Ban the Box Criminal Records Fair Chance Act FCRA Hiring & Firing Staffing Agencies

New Mexico Court Finds Employer Had No Obligation to Accommodate Medical Marijuana Use

Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court. On January 7, 2016, the court held...more

1/26/2016 - Corporate Counsel Disability Discrimination Employment Policies Hiring & Firing Medical Marijuana Popular Reasonable Accommodation Young Lawyers

FINRA Members Subject to New Background Screening Rules

Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background...more

1/22/2016 - Background Checks Ban the Box BrokerCheck Brokers Disclosure Requirements FCRA FINRA Screening Procedures

New Jersey Agency Issues Regulations on Statewide “Ban-the-Box” Law

As previously reported, on August 11, 2014, New Jersey Governor Chris Christie signed “The Opportunity to Compete Act” – New Jersey’s so-called “ban-the-box” law – which restricts the ability of covered employers to inquire...more

1/21/2016 - Ban the Box Criminal Background Checks EEOC Hiring & Firing New Legislation

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

1/20/2016 - Criminal Background Checks EEOC Elder Issues FCRA Health Care Providers Hiring & Firing Long Term Care Facilities Nursing Homes

Federal Courts Increase Scrutiny of Employer Compliance with the FCRA's Adverse Action Requirements

In the last two years, the number of employment class actions under the federal Fair Credit Reporting Act (FCRA) has ballooned. Most of the cases reported in the media have involved challenges to an employer’s compliance with...more

1/4/2016 - Adverse Action Background Checks Class Action Corporate Counsel FCRA Hiring & Firing Title VII

FMCSA Lowers Random Drug Testing Level to 25 Percent in 2016

On December 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced that it is reducing the minimal annual percentage rate for random drug testing for drivers subject to the Department of Transportation’s...more

12/23/2015 - Department of Transportation (DOT) Drug Testing FMCSA Transportation Industry

President Obama's Order "Banning the Box" for Federal Employees is an Important Reminder to All Employers to Implement Hiring Best...

Last month, President Obama announced a new mandate to the federal government's human resources department to "delay inquiries into criminal history until later in the hiring process."  ...more

12/8/2015 - Ban the Box Criminal Background Checks Employment Discrimination Federal Employees Hiring & Firing

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