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The U.S. Department of Transportation has implemented several changes in drug and alcohol testing regulations that impact transportation employees in safety-sensitive positions, such as bus drivers, railroad workers, airline mechanics and flight crews. The most important changes involve validity testing, which is designed to detect samples that have been tampered with or substituted. To ensure […]
Employers often worry about getting hit with age-bias lawsuits when there’s a reorganization and older workers who don’t fit into the new company structure are let go. A recent case highlights some important issues to pay attention to during layoffs to help avoid age-related claims. Older Worker Loses Job In Reorganization Jerry Jeney was a […]
Under changes to the state disability discrimination law that took effect January 1, you can be sued for failing to cooperate with a disabled employee to determine whether they need a reasonable accommodation and to explore available options. A new California Court of Appeal decision provides more detail on how you and the disabled employee […]
The U.S. Supreme Court has unanimously upheld an arbitrator’s decision reinstating a truck driver who twice failed required drug tests after testing positive for marijuana. Eastern Associated Coal Co. argued that it had the right to terminate the worker as a matter of safety and public policy under federal Department of Transportation safety regulations. But […]
Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]
Virginia Menge, a school bus driver employed by the San Ramon Valley Unified School District, was placed on leave after allegedly failing a random urine drug test by testing positive for nitrate, a substance which can alter test results. The drug testing agency refused Menge’s request to have the urine sample retested. Menge then resigned, […]
Most employers know they must explore the possibility of making a reasonable accommodation requested by a disabled worker. But what if an employee wants an accommodation that conflicts with your seniority system? And how far do you have to go in working with the employee to accommodate their request? In a surprising reversal of its […]
A recent California Court of Appeal ruling involving an employee who agreed to undergo random drug testing places new restrictions on when you can administer drug tests. Random Drug Test Conducted On Employee’s Day Off Perrin Edgerton, a Caltrans equipment operator in the Redding area, failed a random drug test that came up positive for […]
Gov. Davis recently signed a new law (A.B. 2357) that expands the grounds for domestic violence victims to take unpaid time off from work, such as for counseling and relocation. However, some provisions of the new law, which has separate rules for employers with 25 or more workers, are ambiguous and may require legislative […]
In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]