Think Twice Before Giving Workers a Polygraph

Do you think your shifty-eyed cashier is lying to you about how much cash was left in the register last night? Or, do you have the sneaking suspicion that your supposedly Ivy League-educated accountant is actually a big fraud? You might want to hold off on conducting employee polygraphs. The Employee Polygraph Protection Act (EPPA) largely prohibits employers from using lie detector tests. And most likely, the EPPA does apply to you. The EPPA protects former, current, and prospective employees. It also applies to most employers — though not those in the public sector. Specifically, it applies to private employers that employ at least two employees with an annual volume of business of $500,000. The employer must also conduct interstate commerce activities. There are certain exceptions where administering polygraphs is acceptable: If the employer is conducting an investigation into an economic loss or injury (such as a theft). If the employer provides security services. Even if an employer falls under an exemption category they still need to comply with certain requirements. For example, records need to be kept. The examiner must also be licensed and bonded. Information gleaned from a polygraph test cannot be widely disclosed. Why keep all of this in mind? Well, you don’t want to end up violating the law. If you do, you may end up paying for a wronged employee’s lost wages and benefits. You may also face fines of up to $10,000 per violation levied by the Secretary of Labor. That’s why business owners thinking about giving their employees a polygraph test should probably consult with an experienced attorney . Even if you think you fall under an exemption allowed by the Employee Polygraph Protection Act, it’s always better to be positively certain. Related Resources: The Employee Polygraph Protection Act (EPPA) (U.S. Department of Labor) Lie Detector Tests (FindLaw) May an employer use a lie detector to find out if a job applicant or an employee is honest? (FindLaw) Laying Off? Top 3 Ways Employers Get Sued (FindLaw’s Free Enterprise)

Read the rest here:
Think Twice Before Giving Workers a Polygraph

ATTORNEY ADVERTISEMENT:  This communication or portions thereof may be considered "advertising" as defined by Section 6157(c) of the California Business and Professions Code or within the jurisdiction in which you are viewing this.  Nothing in the discussion above is intended to be a representation or guarantee about the outcome of any legal proceeding in which you may be involved.  By providing the information above in this format, Michel & Associates is not soliciting you to hire it to handle a specific legal matter you may currently have or be anticipating commencing in the future.  Notwithstanding the discussion above, you should not act or refrain from acting on the basis of any content on this site without seeking appropriate legal advice regarding your particular circumstances from an attorney licensed to practice law.  This communication is informational only and does not create an attorney-client relationship between you and Michel & Associates.  Michel & Associates's attorneys are licensed to practice in California, Texas, and the District of Columbia.