2015

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.

With all the changes to state laws now permitting recreational and medical marijuana use, HR professionals are understandably feeling dazed and confused. Employers with employees who use medical marijuana will have to do some studying into the employee's job requirements. Generally speaking, an employer does not have to allow for an employee to be actively under the influence while at work. But an accommodation may be necessary, depending on the nature of the job and the safety and other sensitivities of the position. Once an employer is provided notification that an employee is a medical marijuana user, that employer needs to be especially careful how it uses that information and how far it goes in asking for more. Employers in states allowing for the use of medical marijuana should familiarize themselves with the relevant statutes and, in particular, determine whether their state statute requires that accommodations be made.