November

Infinity Staffing Solutions LLC d|b|a Lyneer Staffing Solutions has agreed to settle a class action lawsuit alleging it violated the FCRA with regard to background checks it obtained on job applicants. The background check class action lawsuit was filed by plaintiff John Giddiens on behalf of consumers who applied for jobs with Infinity Staffing Solutions and Lyneer Staffing Solutions. Giddiens alleges the companies violated FCRA by embedding a release and waiver of rights in the consent and disclosure document they require job applicants to sign prior to ordering a background check, and that they improperly used the background checks to make adverse employment decisions without providing the job applicant with a copy of the report. The defendants deny any wrongdoing but agreed to settle the class action to avoid the distraction, risk and expense of ongoing litigation.

Labaton Sucharow filed a class action on behalf of about 21.5 million federal employees, contractors and job applicants whose personal information was exposed in an epic breach of security at the U.S. Office of Personnel Management, which screens applicants for federal government jobs and conducts security clearance on employees and contractors. Labaton's complaint is at least the seventh class action against OPM and its private contractor, KeyPoint Government Solutions, including two suits by government employee unions and one with a federal administrative law judge as the lead plaintiff. Although there is some variation in the alleged causes of action, the suits mostly assert violations of the Privacy Act and the Administrative Procedures Act, as well as negligence against KeyPoint. It's going to be very interesting to see which court plaintiffs ask the JPML to send the OPM litigation to.

Supervisors should undergo reasonable suspicion training to enforce drug-free workplace policies and ensure worker safety, speakers said during the 2015 California Workers' Compensation & Risk Conference in Dana Point, California. Employers' written substance abuse policies should state that the use, possession or sale of alcohol or illegal drugs isn't allowed on company property or during business hours, and that employees may not report to work while under the influence, said Bernadette M. O'Brien, partner at Floyd, Skeren & Kelly L.L.P. Employers should include that violating the policy can lead to disciplinary measures, such as termination, she added. Reasonable suspicion-based drug testing is a better option for employers than random drug testing, which isn't even permitted in California. Dealing with legalized medical marijuana is also proving to be challenging for workers compensation professionals, speakers said.