Description
The use of lie detectors and polygraph tests by employers is regulated by federal law. Congress enacted the Employee Polygraph Protection Act (EPPA). The law established detailed rules that now apply to such tests. This publication, by Sheppard Mullin Attorney Richard J. Simmons, provides a useful analysis of the federal law and the laws of many states as well.
Among the numerous topics addressed are the following:
- Coverage
- Government Employers
- Execution For Drug Tests
- Procedural Rule
- Posting Rules
- Types Of Tests Regulated
- Honesty Tests
- Complete And Partial Exemptions
- Pretest Requirements
- Sample Notice
Table Of Contents
SECTION 1 INTRODUCTION
SECTION 2 COVERAGE OF FEDERAL LAW
SECTION 3 TYPES OF TESTS REGULATED
A. Polygraphs and Lie Detector Tests
B. Exception for Medical and Honesty Tests
C. General Prohibitions
SECTION 4 COMPLETE AND PARTIAL EXEMPTIONS
A. Complete Exemptions
B. Partial Exemptions
SECTION 5 PROCEDURAL REQUIREMENTS APPLICABLE TO PARTIAL EXEMPTIONS
A. General Standards Applicable to Polygraphs
B. Pretest Rules
C. Post-Test Rules
D. Use of Test Results or Refusal to Take Test
E. Essential Qualifications of Polygraph Examiners
SECTION 6 LIMITATIONS ON DISCLOSURES
SECTION 7 POSTING REQUIREMENTS
SECTION 8 RECORD-KEEPING AND INSPECTION RULES
A. Required Records
B. Location of Records and Inspection/p>
SECTION 9 ENFORCEMENT AND SANCTIONS
A. Role of Secretary of Labor
B. Private Actions
C. Effect of Waivers
SECTION 10 STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS
SECTION 11 CONCLUSION
APPENDIX A Sample Notice to Examinee
About The Author
Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.
Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.
