Screening News Update: Skipping E-Verify Costs Dunkin’ Franchisees | Sex Offenders Win Lawsuit | New Marijuana Laws [Video]

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Screening News Update: Skipping E-Verify Costs Dunkin’ Franchisees | Sex Offenders Win Lawsuit | New Marijuana Laws [Video]

  • Skipping E-Verify Costs Dunkin’ Franchisees
  • Sex Offenders Win Lawsuit
  • New Marijuana Laws


 

Dunkin’ Dissing Owners Over Breaking Hiring Rule

Dunkin’ -- which you probably still refer to as Dunkin Donuts -- is ousting franchisees for failing to use the E-Verify system to confirm their workers are legally allowed to work in the country. The Massachusetts-based company is suing to force owners in several states to stop all operations, claiming they violated the company’s employment verification practices. Restaurant Business Online reports that the company claims these stores had “no employment documentation or incomplete documentation for a substantial portion of the employees.” They claim their hiring practices were illegal and put the owners in breach of their contracts. Some franchisees have filed a countersuit claiming Dunkin’ is just trying to take over their stores to sell them at a profit.

Sex Offender Wins Suit Against State

Is it legal for a state to require sex offenders to remain on the registry for life? The Alaska Supreme Court says it is not. Justices voted 3-to-2 that such a requirement is unconstitutional because it never gives offenders the chance to prove that they have been rehabilitated. But there are a couple of twists and turns in the case. The John Doe who sued the state moved to Alaska in 2016 – 16 years after being convicted of aggravated sexual battery in Virginia. He argued that not only does the law violate offenders’ right to due process, but he also claimed Alaska violated his privacy by putting him on their registry for something that happened in another state. The court disagreed with him on that last point, saying they do have the legal authority to make people aware of crimes that happened out of state. But, the court’s ruling establishes required individualized risk-assessment hearings, so offenders will now get the chance to show why they should be allowed off the list.

New State Marijuana Laws

A couple of new marijuana laws have been signed recently, and both affect employer’s use of drug testing. First, New Jersey Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Marijuana Act (CUMCA) into law. This is an amendment that increases protections for medical marijuana users. Employers are now prohibited from taking any adverse employment action against medical marijuana users based solely on their use of the drug. Employers can, however, still fire or punish those who use intoxicating substances during work hours and on their property, especially if that causes the employer to violate federal rules in their industry. These rules are now in effect. In Illinois, the Cannabis Regulation and Tax Act is set to go into effect on January 1, 2020. It still allows employers to create and enforce zero-tolerance, drug-free workplaces, but the law now refers to marijuana as a “lawful product” and prohibits employers from discriminating against employees using it in accordance with state laws. The new law mainly clarifies that there is a difference between on-duty and off-duty use of the drug, and makes employers respect it.

Stay up-to-date on Employment Laws & Regulations with EBI's Screening News Network.