2017

In January, the Department of Health and Human Services revised Mandatory Guidelines for Federal Workplace Drug Testing Programs that will become effective on the 1st of October.

Those organizations that comply with Department of Health and Human Services (HHS) standards must now comply with new panel standards. If specific drug panels are identified in the current policy, updated policy language should also be considered.

Some key points of the guidelines include expanded federal urine workplace drug testing to include Schedule II opioids, a lower pH cutoff from 3 to 4 to identify an adulterated specimen, the removal of methyldiethanolamine (MDEA) for confirmatory testing and the addition of methylenedioxyamphetamine (MDA) as an initial test analyst.

In August, the Seventh Circuit Court of Appeals claimed that a plaintiff who alleges extraneous information in a background check disclosure form lacks the necessary Article III standing to maintain a lawsuit.
 
Cory Groshek submitted 562 applications, seeking employment with various employers, including Tim Warner Cable, Inc., and Great Lakes Higher Education Corporation. He claims the disclosure he signed at the two businesses violated the Fair Credit Reporting Act because it included a liability release and other extraneous information.
 
The Seventh Court concluded that Groshek's claims were removed from any concrete harm or appreciable risk of harm. Groshek v Time Warner Cable, Inc., No. 16-2711 is a good reminder that employers should review their background check forms and procedures to ensure compliance with FCRA regulations.

Blumenthal, Nordrehaug and Bhowmik filed a proposed class action complaint against Marriott Ownership Resorts, Inc., for allegedly failing to provide California employees with the legally required thirty-minute uninterrupted meal periods after five hours of work.

The company also failed to pay all overtime to their California employees and reportedly violated the Fair Credit Reporting Act (FCRA) in the conducting of background checks on their employees.

Marriott could face fines of up to $1,000 for each applicant for which a consumer report was obtained without valid authorization.