Mollo v. Passaic Valley Sewerage Comm’rs, 2011 WL 167266 (3d Cir., January 20, 2011) – The plaintiff, a landscaper at the defendant’s New Jersey facility, was terminated after he failed a random drug test administered to all employees in safety-sensitive positions. The plaintiff sued his employer claiming that the random testing policy violated the New Jersey Constitution’s prohibition against unreasonable search and seizure. The Third Circuit held summary judgment for the employer was appropriate, noting that the New Jersey Supreme Court permits suspicionless drug testing of public employees when there is: 1) a diminished expectation of privacy; 2) adequate limitations on the testing’s intrusiveness; and 3) a compelling government interest in the employee’s safe conduct. The court emphasized that a lack of regulation to which an employer may be subject does not in itself determine the employee’s expectation of privacy. The safety concerns associated with a particular type of employment must be considered, as they also diminish the expectation of privacy, especially where the employee is well aware of the risks. Although the plaintiff was a landscaper, he was required to use vehicles and motorized equipment with dexterity and good judgment, and failure to do so could have resulted in significant property damage, injury or death.
Effective April 5, the Visa Waiver Program (VWP) is being expanded to include citizens of Greece. VWP enables nationals of 36 participating countries to travel to the United States for tourism or business (B visitor purposes) for stays of 90 days or less without obtaining a visa. Note that just like all other VWP participants,
On June 12, 2012, Broward County authorized its County Attorney to draft a wage theft ordinance for consideration by the County Commission. Indications are that Broward’s ordinance will likely be patterned after the wage theft ordinance adopted by Miami-Dade in 2010.
On January 29, 2016, the U. S. Equal Employment Opportunity Commission (EEOC) announced a proposed revision to the Employer Information Report (EEO-1) that will require private employers, including federal contractors, with 100 or more employees to report pay data by sex, race, and ethnicity as well as job category. According to the EEOC, the new data that employers will be required to provide will enable the agency to identify possible pay discrimination and assist employers in promoting equal pay in their workplaces.