The killing of George Floyd, an African American, at the hands of a white Minneapolis police officer, was a tragic moment in our country’s history. It has sparked weeks of public protests in cities and states across the U.S. Individuals have gone to the streets to voice their concerns about the issues of racial injustice in American society. While police brutality may be at the forefront, the movement is aimed at shedding light on all areas of racial inequality. Many high-profile figures, from politicians to stars to professional athletes, have been vocal about their condemnation of racial bias. They have further indicated in no uncertain terms that any individual, company, or organization that remains silent on issues of racial inequality is in fact complacent and part of the problem.
Continue Reading The Important Role Employers Play in Addressing Racism in Light of the George Floyd Tragedy
Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
The U.S. Court of Appeals for the Ninth Circuit has a reputation as an employee-friendly forum. Yet that Court recently rendered a decision that employers should applaud. In Carlson v. Charter Communications, LLC, the Ninth Circuit refused to revive a former employee’s lawsuit against his employer in which he alleged that he was wrongfully terminated due to his legal use of medical marijuana. Interestingly, the panel of the Court that issued the decision consisted of two judges appointed by Presidents Clinton and Obama and one judge appointed by President George W. Bush. The case involved a Montana statute known as the Montana Marijuana Act, which allows patients with state-issued medical marijuana program cards to have a certain amount of marijuana in their possession.
Continue Reading Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
Employers Beware: What You Say Can and Will Be Used Against You!
Any HR professional who has dealt with the Family and Medical Leave Act knows that determining when and how the statute applies can be very tricky. One thing that is clear, however, is that employees who have worked for less than one year and have not worked a total of 1250 hours are not eligible for FMLA leave and thus are not protected by the statute. Or so we thought! A case from last week, Reif v. Assisted Living by Hillcrest, LLC, dispels the notion that employees who have worked for less than a year are never subject to the protections of the FMLA.
Continue Reading Employers Beware: What You Say Can and Will Be Used Against You!
Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
We’ve talked about this before. There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance. Back in July, we wrote in our blog that the FDA had recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy. As we stated in that blog post, this approval by the FDA did not necessarily signify that the federal government would soon reclassify marijuana, removing it from the list of Schedule 1 drugs because it has a medical purpose.
Continue Reading Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
The Smoke Hasn’t Cleared: What’s the Workplace Impact of the FDA’s Approval of a Marijuana Based Drug?
The FDA recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy. Does this mean that the federal government is saying that people can now begin using a marijuana-based drug treatment – including employees in the workplace? Not so fast.
Continue Reading The Smoke Hasn’t Cleared: What’s the Workplace Impact of the FDA’s Approval of a Marijuana Based Drug?
NLRB Protected Concerted Activity Web Page
The NLRB continues to take action designed to help unions organize employees. The latest step is the Board’s recently established web page designed to inform employees of their right to engage in protected concerted activity. The web page, located at www.nlrb.gov/concerted-activity, begins with the statement: “The law we enforce gives employees the right to
EEOC Q&A on RFOA Defense
Last week I wrote about the EEOC’s new Final Rule on the Reasonable Factors other than Age (RFOA) defense in disparate impact claims brought under the Age Discrimination in Employment Act (ADEA). The EEOC has just published a Q&A explaining the new Rule.
In explaining the purpose of the Final Rule, the Q&A provides:
“The
EEOC Issues Final Regulations on ADEA (Disparate Impact Cases)
Last Friday, the EEOC published its Final Regulations on Disparate Impact and Reasonable Factors other than Age under the ADEA. The Final Regulation clarifies that an employment practice that has an adverse impact on individuals 40 and older is discriminatory unless the practice is justified by a “reasonable factor other than age” and that the