February

The Fix NICS Act recently was introduced by eight U.S. Senators to ensure federal and state authorities comply with existing law and accurately report relevant criminal history records to the National Instant Criminal Background Check System (NICS).

The bill directs more federal funding to the accurate reporting of domestic violence records, while penalizing federal agencies who fail to properly report relevant records.  The Fix NICS Act requires federal agencies and states to produce NICS implementation plans focused on uploading all information to the background check system showing that a person is prohibited from purchasing or possessing firearms under current law, and holds agencies accountable for failing to do so. It will also reward states that comply with new regulations and reauthorizes and improves important law enforcement programs.

A class action lawsuit has been filed by Waffle House job applicants who claim the company violated the Fair Credit Reporting Act (FCRA).

The complaint consolidates claims brought by 23 plaintiffs in two Waffle House class action lawsuits filed earlier this year. Waffle House has been accused of using background checks to make employment decisions without giving job applicants the required notice and opportunity to explain or correct the information in those background checks. The first claim was filed in April and alleges that background screening company Public Data provided cheap services without FCRA compliance. In the second lawsuit, a 20-year employee claims he was denied a new job after he was never given the chance to explain or correct findings of a background check.

The U.S. Department of Transportation 's Federal Motor Carrier Safety Administration will expand its drug testing panel to include four synthetic opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone.  Methylenedioxyethylamphetamine (MDMA)has been removed as a confirmatory test analyte, while methylenedioxyamphetamine (MDA)has been added as an initial test analyte.

The changes will coincide with recent changes to the U.S. Department of Health and Human Services' Mandatory Guidelines for Federal Workplace Drug Testing Programs, which take effect Jan. 1.

The addition of opioid drugs is intended to address the nationwide epidemic of prescription painkiller abuse.