Tag: drug testing

New York City Bans Pre-Employment Marijuana Testing On May 10, 2019, a New York City Charter Rule (Int. 1445-2019) was adopted, without the mayor’s signature, amending the city’s administrative code by prohibiting pre-employment drug testing for marijuana. Specifically, under the law, it is an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof…

Background Checks On March 25, 2019, West Virginia Governor Jim Justice signed legislation (S.B. 152) requiring applicants seeking employment in which they would be engaged in the prevention, detection, investigation, prosecution, or incarceration of people who violate the law must disclose all such expunged convictions to their prospective employer. In addition, employers that are required…

Garnishment On May 8, 2018, Georgia Governor Nathan Deal signed legislation (S.B. 194) amending the maximum part of disposable earnings subject to garnishment, as follows: The amount by which the defendant’s disposable earnings for that week exceed $217.50 (an increase of 50 cents). In case of earnings for a period other than a week, the proportionate…

Question: We currently do not hire individuals who smoke tobacco, and we require them to take a test at time of hire to see if they have nicotine in their system. Is this a permissible practice? Answer: Generally, it is a permissible practice, but it could still pose a legal issue. While it is illegal…