While many have heard of Illinois’ Biometric Information Privacy Act, or “BIPA,” Illinois has a similar, although less infamous, statute covering genetic information – the Genetic Information Privacy Act or “GIPA.” While GIPA...more
Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more
The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various...more
Important developments are on the horizon for Washington State employers in 2024. Beginning on January 1, 2024, the minimum wage in Washington will go up to $16.28 per hour, up 3.4% from 2023 and the highest statewide...more
“But I only had two beers.” “But it’s legal in this state.” “But my doctor prescribed it.” No. No. And maybe not. Those excuses don’t cut it when it comes to a truck driver failing a federally prescribed test for drugs or...more
On August 21, 2023, the California Supreme Court ruled that business-entity agents could be liable for violations of the Fair Employment and Housing Act (FEHA) with respect to individuals who were not their employees. This...more
Last week, the California Supreme Court unanimously held that California's Fair Employment and Housing Act ("FEHA") applies not only to employers but also to business entities performing services as agents for employers....more
Last year New York state and local legislatures implemented a number of employment laws and ordinances that are set to take effect in 2023. This update summarizes these new legal requirements to help New York employers...more
The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...more
As summer winds to a close, students return to classrooms and campuses, and many workplaces have returned to in-person activities. Either in whole or in part, COVID-19 has perhaps begun to be less “front of mind” than it once...more
Types of COVID-19 Testing - The Center for Disease Control and Prevention (CDC) describes two primary categories of COVID-19 tests – viral or antigen tests and antibody (serology) tests. It’s important to understand the...more
On June 2, 2022, Minnesota Governor Tim Walz signed House File (H.F.) 4065 into law, a measure that provides clarity regarding hemp-derived consumables stemming from the Agriculture Improvement Act of 2018, also known as the...more
On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more
A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more
A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment...more
For years, most employers and employees alike assumed a clean drug test was a pre-requisite for getting hired. These pre-employment drug testing panels included a list of illegal drugs, and almost always included...more
Mental Health Provider Rejected Qualified Applicant Due to Disability, Federal Agency Charges - SEATTLE – Mental health and psychiatric treatment provider Telecare Mental Health Services of Washington, Inc. violated...more
As most employers know, the EEOC has confirmed employers may implement processes to take employee's temperatures before allowing them to enter the workplace during the pandemic. State and local governments in over twenty...more
On June 23, 2020, the Department of Labor, Department of Health and Human Services (HHS), and Department of the Treasury (the Departments) issued new frequently asked questions (FAQs) regarding coverage for COVID-19 testing...more
The Daily Report is a compilation of COVID-19 (coronavirus) news briefs from around the world to help life sciences and health care companies stay current in this challenging time....more
OSHA has published Guidance on Returning to Work to assist employers in understanding their obligations under OSHA as they continue the process of re-opening and returning employees to work. Employers should review this...more
New York State issued New York Forward, a detailed reopening plan for the state's nonessential businesses. The plan is set to gradually replace New York's March 20th ‘stay at home' Executive Order that mandated the closure of...more
On 8 May 2020, the Ministry of Labour published a National Protocol for Employers to Ensure the Health and Safety of the Employees after the End of the Lockdown (the “National Protocol”).The National Protocol contains...more
While far from getting us back to any kind of normal that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously-closed “nonessential” businesses are returning to operations. With...more
The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more