Laws surrounding labor & employment are constantly changing and 2023 has been no exception. To learn more about the major issues and developments your company needs to address now for 2024, you're invited to join our Fall 2023 Labor & Employment Law Update. Below are the details of this webinar along with some short articles to give you a preview of what is to come.
In this issue:
October 12, 2023
Mark T. Koerner
On May 2, 2023, the United States Department of Transportation (“DOT”) published a final rule that authorizes employers to use oral fluid drug testing as an alternative methodology to urine drug testing.
Using an individual’s saliva to test for controlled substances, oral fluid testing is directly observed by a laboratory technician, making the sample less susceptible to adulteration or tampering.
Amanda Afton Martin
Learn the importance of preparing well for an unemployment insurance hearing and protect your unemployment tax rate!
Hearings before an administrative law judge (“ALJ”) are “de novo,” meaning from the beginning. In other words, facts are newly established by the ALJ, despite documents previously submitted to the Unemployment Insurance Agency. This is an opportunity to create a record of the facts surrounding an employment separation, arguing that the former employee should be disqualified from receiving unemployment benefits (and as a result protecting your unemployment tax rate).
You will learn how to prepare for an unemployment insurance hearing, and how to appeal an unfavorable ALJ decision. Legal representation at the ALJ hearing helps employers navigate the rules of evidence, meet the required burden of proof and establish a detailed and full record, should the case continue through the appeal process.
Anthony M. Dalimonte
It seems like AI is in the news every day and being discussed everywhere. We regularly see and read about the many ways it will change and transform the nature of our lives and occupations.
There is little doubt that AI-driven tools can be of benefit and cost-savings in the human resources environment. But employers also need to be mindful of the numerous and potentially expensive legal risks associated with the use of AI in screening and evaluating job candidates.
Foster Swift Collins & Smith, PC E-Newsletters are intended for general information for our clients and friends. This newsletter highlights specific areas of law and is not legal advice. The reader should consult an attorney to determine how this information applies to any specific situation.
IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
Copyright © 2023 Foster Swift Collins & Smith, PC.