Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Marijuana

The ADA: Four issues to watch in 2018

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Pregnancy
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Drug Testing, FOCUS, Labor Relations, Politics
The November-December edition of Constangy’s Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor’s overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez’s run for chair of the… Continue Reading

Despite “legal pot” laws, employers still hanging tough

Posted in Drug Testing
What effect are liberalized marijuana laws having on employer drug policies? Maybe not as much as you’d think. The Society for Human Resources Management just came out with a survey of employer marijuana policies in states that have legalized it in some degree. Here are some highlights from the SHRM study: *Of 224 employers who have operations… Continue Reading

Mary Jane has come a long way, baby

Posted in Drug Testing
In California, marijuana has gone from being an illegal drug to being big business. Last week Governor Jerry Brown signed into law three pieces of legislation (AB 243, AB 266, and SB 643) aimed at regulating the $1.3 billion medical marijuana industry in the state. The legislation, collectively called the Medical Marijuana Regulation and Safety… Continue Reading

“State of the Union” on substance abuse and the workplace

Posted in Americans with Disabilities Act, Drug Testing, Family and Medical Leave Act, Safety, Transportation Industry
Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes. ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

Medical marijuana and the workplace — another lawsuit filed

Posted in Drug Testing
As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island. The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she… Continue Reading

Employment law BELIEVE IT OR NOT!

Posted in Discrimination, Drug Testing, Pregnancy
Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may… Continue Reading