Mr Brainwash Biggie TupacThis may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call.

But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west for sure, right?

And you’d be wrong… Continue reading

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What if.

I’m just saying, what if you could have an employee sign some sort of a contract, maybe an employee agreement, in which the employee agreed to shorten the statute of limitations on all employment claims to six months.

Given that employees often have years in which to assert claims, the ol’ statute-of-limitations shortener could be a gold mine!

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Last month, the Massachusetts Supreme Court held (here) that a local employer may have a duty to accommodate an employee’s use of medicinal marijuana. You can read more about that decision at Jon Hyman’s Ohio Employer’s Law Blog.

Wait, what? If marijuana is still considered an illegal drug under federal law — it is — what duty could an employer possibly have to accommodate an employee’s use of marijuana, even for medical purposes?

Maybe, it’s not so clear. Continue reading

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Last week, the U.S. Department of Labor asked for public comment on how to refresh the existing overtime rules under the Fair Labor Standards Act. Since it’s Monday, your eyes are probably bleary from all that’s been written about the DOL overtime rules, and it’s Monday, allow me to spoon feed you the latest… Continue reading

“Doing What’s Right – Not Just What’s Legal”
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