By Henry Mitchell Restoration by Godot13 – Mitchell, Henry (1876) The State Arms of the Union, Boston: L. Prang & Co., Public Domain, Link City and state-mandated paid sick leave is so 2018. In 2019, the State of Maine has decided up the ante by requiring most private employers to…
Articles Posted in Human Resources Policies
Everything you’ve ever wanted to know about employee opioid and marijuana use in the workplace
Image by Steve Buissinne from Pixabay Last week, I participated on a panel on which a few of us employment lawyers discussed the pitfalls and best practices for dealing with issues related to employee opioid and marijuana use in the workplace. Now, did we cover everything that companies want to…
A new bill in Congress will end forced arbitration of employment claims. But, will it pass?
Image Credit: Photofunia.com In a statement issued earlier this week, House Judiciary Chairman Jerrold Nadler (D-NY) announced that he would “not rest” until Congress passed “historic legislation to end forced arbitration.” I have a feeling Mr. Nadler is going to be pretty tired. But, let’s see what this is all…
New legislation would guarantee employees the right to collective and class action litigation
Image Credit: Pixabay.com (https://pixabay.com/photos/achievement-agreement-business-3385068/) Last year in Epic Systems Corp. v. Lewis, the Supreme Court narrowly concluded that a court should enforce an agreement between an employer and employee to arbitrate claims individually notwithstanding workers’ rights under the National Labor Relations Act to engage in protected concerted activity. That decision…
For real this time, the EEO-1 deadline is September 30, 2019. Seriously
Multiple reports (1, 2, 3), are confirming that District Judge Tanya S. Chutkan ruled yesterday that the deadline for filing your EEO-1 filing will be September 30, 2019. (For more on this EEO-1 circus, click here.) That’s it. That’s all I’ve got for you today. Well, unless you like HR-compliance…
The Supreme Court just buried class-action arbitration of employment claims*
Image Credit: Photofunia.com (http://photofunia.com/results/5cc10d55846d7897318b4581) In 2010, the Supreme Court held in Stolt-Nielsen SA v. AnimalFeeds International that a court may not compel class-action arbitration when an arbitration agreement is silent on the availability of such arbitration. Last year, in Epic Systems Corp. v. Lewis, the Supreme Court issued another employer-friendly…
NYC is going to ban pre-employment marijuana drug screening. How do you feel about that?
User:Jennifer Martin [CC BY-SA 4.0], via Wikimedia CommonsEarlier this week, the New York City Council approved this bill, which will make it unlawful for most NYC employers to require any job candidate to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as…
Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.” And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. …
NJ is now THIS CLOSE to legalizing recreational marijuana. Here’s what that means for employers.
Evan-Amos [Public domain], via Wikimedia CommonsBig news yesterday from the Garden State. Governor Phil Murphy (D) announced that he had struck a deal with the leadership of both the state Senate and Assembly on to legalize recreational marijuana. From the press release, here are the broad details of the plan:…
Your employee uses medical marijuana. Her drug test is positive. But, how do you know if she was high at work?
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) “Let’s see,” I said to myself. “I want to blog about this important, brand new medical marijuana employment law decision. This is a burgeoning area of the law, and this particular decision will enlighten my readers like few others I’ve written about.” “Yeah, but unless you…