Introduction
Running background checks on job applicants is a pretty standard part of the hiring process these days. But just because something is common doesn’t mean it’s simple. Between federal laws, state regulations, and privacy concerns, employers have to walk a fine line. And for applicants, it’s important to understand your rights—especially if something from your past might show up.
Let’s break down how background checks work, what’s allowed under federal and West Virginia law, and how both sides of the hiring table can handle the process without crossing legal lines.
What Is a Background Check?
In the employment context, a background check is any review of an applicant’s history to help an employer decide whether to hire them. That can include:
- Criminal history
- Credit reports
- Employment and education verification
- Driving records
- Reference checks
Continue reading Background Checks in Hiring—What Employers Can (and Can’t) Do →
In an era of remote work, digital monitoring, and AI-powered analytics, workplace surveillance is becoming more common. Employers want to ensure productivity, prevent misconduct, and protect company assets. But where’s the line between reasonable monitoring and an invasion of privacy? Understanding the legal framework around workplace surveillance helps both employers and employees navigate this tricky issue.
Can Employers Legally Monitor Employees?
Yes, but with limitations. Employers generally have the right to monitor employees during work hours, particularly if they’re using company-owned equipment or working on company premises. However, federal and state laws impose restrictions, especially when it comes to electronic communications, video surveillance, and off-duty monitoring.
Federal Laws on Workplace Surveillance
- Electronic Communications Privacy Act (ECPA) (18 U.S.C. § 2510 et seq.)
- Prohibits employers from intercepting employees’ private communications.
- Allows monitoring of workplace communications if there’s a legitimate business purpose or employee consent.
- Does not cover stored emails and files, meaning employers can access work-related digital content without violating the ECPA.
Continue reading The Legality of Workplace Surveillance: Balancing Business Interests and Employee Privacy →
Drug testing in the workplace is a controversial issue. Employers want to maintain a safe and productive work environment, but employees have concerns about privacy and fairness. The law tries to strike a balance between these interests, but it’s not always clear-cut. So, what are the rules surrounding drug testing in employment, and how do they apply in West Virginia?
When Can Employers Require Drug Testing?
Employers have a legitimate interest in ensuring a drug-free workplace, particularly in safety-sensitive industries. While federal law doesn’t require drug testing for most employees, some sectors—like transportation and aviation—are subject to mandatory testing under regulations from the Department of Transportation (49 C.F.R. Part 40).
In general, private employers can require drug testing under the following circumstances:
- Pre-employment testing: Many employers require applicants to pass a drug test before hiring.
- Random testing: Some industries conduct random drug testing, especially for safety-sensitive positions.
- Reasonable suspicion testing: If an employer has reason to believe an employee is under the influence, testing may be justified.
- Post-accident testing: Many employers require testing after workplace accidents.
- Return-to-duty testing: Employees returning from rehabilitation may be subject to follow-up testing.
However, drug testing policies must be clearly communicated and applied consistently to avoid claims of discrimination.
Continue reading Employee Drug Testing: Balancing Workplace Safety and Privacy →
Employment Law News and Analysis
