In the past few years, we have seen an influx of complex regulations and increased litigation in the healthcare industry, making it increasingly difficult for companies to adhere to compliance best practices. Inadequate due diligence and negligent hiring practices in the healthcare sector harms not only an organization, but its patients as well. More often than not, poor hiring decisions are a contributing factor in the rise of lawsuits, medical malpractice claims and subsequent multimillion dollar settlements.

We alerted you in early November to the motion filed to settle this suit. On November 18, 2019, the EEOC announced that the litigation is settled. While Dollar General is steadfast that their process is legal, and admits no wrongdoing, the settlement includes strict criteria to follow going forward concerning their screening process. This lawsuit is a good reminder to review your screening process to ensure compliance with Federal, State and local laws. We’ve compiled some great resources to assist you here.

The FMCSA Drug and Alcohol Clearinghouse will go live on January 6, 2020. The law, MAP-21 or Moving Ahead for Progress in the 21^st Century Act was passed more than seven years ago, in 2012. The Clearinghouse provides the ability to identify and track commercial drivers who violate the FMCSA drug and alcohol testing program.

Currently FMCSA-regulated employers are required to proactively research the drug and alcohol testing record history of any covered commercial driver, in safety-sensitive positions, they intend to employ, using a look back period of three years. The Clearinghouse will make it easier for employers to verify driver history.

Our partners at Quest Diagnostics posted about the Mandatory Guidelines for Federal Workplace Testing Programs – Oral/Fluid which was published by the Substance Abuse and Mental Health Services Administration, HHS, on October 25, 2019. The guidelines take effect on January 1, 2020 and we wanted to be sure to share it with you.

The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020. The Act was first passed in 2018, so chances are you’ve heard and/or read about it for months now - and thought you’d heard enough. We just wanted to call attention to how the CCPA may affect employers.