|Dec. 13, 2018 | www.fisherphillips.com|
Justice Antonin Scalia’s death created a 4-4 split among liberal and conservative-leaning Justices, rendering tidy scorecards and trends regarding this past Supreme Court session’s employment law jurisprudence imprudent. The employment law “blockbuster” decisions, which many had hoped for, never debuted. Instead, the Court punted several cases back to circuit courts and issued deadlocked ties or rulings limited in scope.
When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of injury information to the agency’s website. But the agency also indicated that, once the Rule becomes effective, it could be considered a violation of the law for employers to automatically conduct post-accident drug testing of injured employees.
A federal court recently awarded a job applicant over $1 million after ruling that his admission that he used a false Social Security Number cannot be the basis for disqualifying him from employment on good moral character grounds. Click here to read the story, which should serve as a wakeup call to all employers when it comes to handling SSN issues.