Section 24 Requirements for Ongoing Investigation Exemption

• Library: Employer-Employee Law 2008

The exception for ongoing investigations is denoted as a “[l]imited exemption.” 29 U.S.C. § 2006(d). A test only qualifies for the exemption if:

1. the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, such as theft, embezzlement, misappropriation, or an act of unlawful industrial espionage or sabotage
2. the employee had access to the property that is the subject of the investigation
3. the employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; and
4. the employer executes a statement, provided to the examinee before the test, that—
   1. sets forth with particularity the specific incident or activity being investigated and the basis for testing particular employees
   2. is signed by a person (other than a polygraph examiner) authorized to legally bind the...