Written by Jackson Lewis PC – Danny W. Jarrett, Susan M. Corcoran and Richard I. Greenberg New Mexico is the latest state to adopt statewide legislation prohibiting private employers from making inquiries into an applicant’s criminal history on the initial employment application. The state also enacted legislation prohibiting employers from asking applicants for information about a […]
What You Don’t Know Can Hurt You: Employee Background Checks at Skilled Nursing Facilities
Written by Adam Doerr Skilled Nursing Facilities (SNFs) are responsible for shielding residents “from abuse, neglect, misappropriation of resident property, and exploitation.” 42 C.F.R. § 483.12. This regulation implicates the employment process, since SNFs are prohibited from employing “or otherwise engag[ing]” individuals who have been “found guilty by a court of law,” had a “finding entered […]
Utah lawmaker proposes ‘clean slate’ law to automatically wipe away nonviolent criminal records
Written by: Wendy Leonard SALT LAKE CITY — When a judge asked Catie Cartisano’s father what it was like to see his daughter in handcuffs, his reply was that it “was better than a funeral.” “I will never forget that,” said Cartisano, 33. That same judge ordered Cartisano to attend treatment for a third time, […]
Colorado Equal Pay Law Introduced
By James D. Mackey On January 17, 2019, Colorado Senate Democrats introduced the “Equal Pay for Equal Work Act” (SB 19-085) to prohibit a wage differential based on an employee’s sex. The bill also contains a salary history ban and pay transparency requirements. If passed, this would be among the most aggressive equal pay laws in […]
The number of people testing positive for marijuana in workplace drug tests is exploding, particularly in public safety and national security roles
Written by: Julia Naftulin As more states legalize medicinal and recreational marijuana, more people are using the substance. In fact, a new report from Quest Diagnostics found that more people are testing positive for marijuana in workplace drug tests, with 2017 being the fifth year in a row for increased marijuana detection in urine drug tests. In 2017, 2.6% […]