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DC Bill Would Bar Pre-Employment Marijuana Testing

The District of Columbia is considering legislation that would bar employers from conducting pre-employment marijuana testing, except as required by law.  The bill—Prohibition of Pre-Employment Marijuana Testing Act of 2015—is scheduled to be discussed at a public hearing on Monday, February 9, 2015.  The District of Columbia City Council recently passed the “Prohibition on Pre-Employment Marijuana Testing Temporary Act of 2014," which will temporarily prohibit pre-hire marijuana testing until after an individual has been extended a conditional offer of...

Illinois' Newly Amended Eavesdropping Statute Poses Challenges for Employers

Illinois' controversial eavesdropping statute was finally amended, effective December 30, 2014, to replace the version of the statute that the Illinois Supreme Court struck down as unconstitutional in March 2014.  The amended statute attempts to remedy the constitutional infirmities identified by the Illinois Supreme Court. Most significantly, the amendments narrow the statute to permit recording of conversations in public places, such as courtrooms, that no person reasonably could expect to be private.  The challenge for employers, especially in an era when surreptitious audio...

Ringing in the New Year with Four Ban-The-Box Laws

With the start of 2015, new ban-the-box laws became effective in Illinois, the City of Chicago, and Montgomery and Prince George’s counties in Maryland. Ban-the-box laws prohibit questions about an applicant's criminal background on employment applications and often include additional restrictions on inquiries by employers into criminal history. Illinois’s Job Opportunities for Qualified Applicants Act, which became effective on January 1, prohibits covered employers from inquiring into the criminal history of an applicant until after the applicant has been determined to...

NLRB Creates Right to Use Corporate E-Mail to Organize and to Complain About Work: Ten Key Implications for Employers

In a precedent-setting ruling, the National Labor Relations Board (NLRB or the "Board") held last week in Purple Communications that Section 7 of the National Labor Relations Act (NLRA) requires employers, except in very limited circumstances, to open their corporate e-mail systems to union organizing by employees and to group discussions among employees about the terms and conditions of employment during non-work time.  The 3-to-2 decision overturns the Board's December 2007 decision in Register Guard, holding that because a corporate e-mail system is the employer’s...

Columbia Missouri Joins the Ranks of Ban-the-Box Jurisdictions

On December 1, 2014, the City of Columbia, Missouri, City Council enacted an ordinance restricting a private employer’s ability to inquire about job applicants’ criminal history information on an employment application.  Columbia’s legislation comes closely on the heels of similar laws enacted in the District of Columbia and surrounding regions.  Now, a total of 17 jurisdictions — six states and eleven counties or municipalities — have banned the box for private employers.  Many other jurisdictions are considering such legislation for private...

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Format: 2015-02-26
Format: 2015-02-26