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A federal court just greenlit the failure-to-accommodate claim of a medical marijuana user. But why?!?
Oh, I was just asking. I thought you knew. Continue reading
Oh, I was just asking. I thought you knew. Continue reading
Often, readers of the blog will email me recent blogworthy HR news.
Occasionally, an attorney will send me a favorable decision that s/he obtained for a client on an employment law topic that may interest readers of this blog. Today, that’s what I’ve got for you — a case involving some healthcare workers who claimed that their former employer fired them for complaining that the company was not following state and local COVID-19 mandates. Continue reading

Image by Shafin Al Asad Protic from Pixabay
According to a recent SHRM survey, most companies will encourage employees to get the COVID-19 vaccine — but not require it. Many employers, like this one, may even incentivize employees to get the vaccine by offering them money or extra PTO days to get the needle.
But, if you’re thinking about doing something similar, slow your roll. According to the U.S. Equal Employment Opportunity Commission (EEOC), you may end up unwittingly violating the Americans with Disabilities Act (ADA). Continue reading

Image Credit: @SollenbergerRC on Twitter
Remember that time in 2017 when a white nationalist march in Charlottesville turned deadly? Several participants ended up losing their jobs once exposed on social media.
Fast forward. Following Wednesday’s violent Capitol riots, a staff writer at Salon tweeted that the one-time Associate General Counsel and HR Director of a publicly-traded Texas-based insurance company, who apparently posted a video of himself on Instagram from outside the Capitol, no longer works there.
Sam spent 60 hours working on a project for your company last week, for which the business paid Sam $1,000. The company treated Sam as an independent contractor.
But, what if Sam was actually an employee instead? Continue reading
By Unknown author – From the Open Clip Art Gallery – http://openclipart.org/, CC0, Link
See what I did there? Don’t worry; I’ll be here all week. Continue reading

Image by Carlos Insignares from Pixabay
Let’s say that some of your non-exempt employees choose to telework for part of the day and work at the office for part of the day, with enough time to perform personal tasks in between. Do you have to compensate them for the travel time between home and office?
Let’s check out some hypothetical scenarios.
While you were busy partying at home like it’s 1999 (cue music) or on Zoom with friends, or playing socially-distanced Cards Against Humanity, or whatever it is that HR folks do to let off a year of scalding-hot steam, the U.S. Department of Labor was staying busy at work on New Year’s Eve.

Image by Gerd Altmann from Pixabay
For most, 2020 was a big dumpster fire.
Continue reading