The Centers for Disease Control recently updated its guidelines for cleaning and disinfecting, including those that apply to employers.  These guidelines address proper disinfectant techniques and solutions, and specifically advise how to clean soft surfaces (i.e., carpeted floors, rugs, and drapes), electronics, and laundry.  The CDC’s guidelines also address the appropriate steps to take if an individual in your building or facility tests positive for COVID-19.
Continue Reading Updated Workplace Cleaning Guidelines from the CDC and a New OSHA Poster!

The National Labor Relations Board (“NLRB” or the “Board”) announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.” This Rule will take effect on April 27, 2020.

Continue Reading NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely

Apparently yes – at least in New Jersey. In Hager v. M&K Construction, a New Jersey state appellate court recently affirmed a workers’ compensation judge’s order for an employer to reimburse a former employee for his use of medical marijuana for chronic pain following a work-related accident.
Continue Reading Must an Employer Pay for Medical Marijuana?

As I discussed in a blog post last year, the Equal Employment Opportunity Commission has been bringing cases on behalf of applicants/employees who use lawfully prescribed opioids (including methadone) against employers who fail to conduct an individualized assessment of the applicant/employee to determine whether those drugs made them unqualified for the position. In EEOC v. Steel Painters LLC, the U.S. District Court for the Eastern District of Texas held that a reasonable jury could find that the employer did just that.

Continue Reading Methadone User Can Sue Under ADA

Several years ago, I blogged about Emeryville, California’s paid sick leave ordinance, which  is the only sick leave law that allows employees to take leave specifically to care for a sick service animal. As I noted then, “[t]he concept makes sense – employees can take sick leave because they (or their family member) is temporarily incapacitated because of the illness of the [service animal]. (Not because the dog is a family member!).” I also wondered whether other jurisdictions would adopt similar provisions. But now, I’m not sure they have to.

Continue Reading Sick Leave for Service Animals?

In a study published in 2000, two professors – one from Princeton, the other from Harvard –concluded that blind auditions exponentially increased the probability of female musicians being selected for seats on major symphony orchestras. In blind auditions, musicians play from behind screens, thus removing the distraction of the person, including the person’s race, age or (the focus of the study) gender. The study collected data from eight symphony orchestras over four decades. The problem is, according to a Wall Street Journal article, the data presented a “tangle of contradictory trends” that did not support the unequivocal bottom line presented by the authors. Indeed, “[t]he paper includes multiple warnings about small sample sizes, contradictory results and failures to pass standard tests of statistical significance. But few readers seem to have noticed. What caught everyone’s attention was a big claim in the final paragraph.”

Continue Reading Behind the Blind Selection Screen

Last week, Montgomery County, Maryland became the first jurisdiction in the Mid-Atlantic area to ban discrimination—including in the workplace—based on natural hairstyle. The bill expands the definition of race to include “traits historically associated with race,” which includes “hair texture and protective hairstyles.” Specific hairstyles articulated in the legislation include braids, locs, Afros, curls and twists, which are often associated with African American or Latino individuals.

Continue Reading A new protected class in Montgomery County: Natural Hairstyle

My interest is piqued by laws with unusual twists, like the Emeryville, California ordinance that permits the use of sick leave to care for a family member’s service animal (about which I blogged previously). Here’s another one – Pittsburgh recently passed a pregnancy accommodations ordinance that extends protections to the partners of pregnant employees!

Continue Reading Pregnancy Protections for Partners?

By now most everyone has heard about the travails of WeWork arising from the swift downfall of founder Adam Neumann. If you have not heard, you are missing some fascinating stuff.  A Wall Street Journal piece was first to chronicle Neumann’s manic behavior (such as pondering how to become immortal and transporting large amounts of marijuana on a private jet trip, much to the chagrin of the jet’s owner!). In the wake of these disclosures, private equity investment firms that had committed tens of millions to WeWork became skittish, a planned IPO was pulled, and a faction of WeWork board members called for Neumann’s removal as a CEO. Indeed, within roughly a week of the WSJ article, he was forced to vacate his leadership role. Goldman Sachs, Morgan Stanley, and other investment houses now have written down the value of their investments by tens of millions of dollars.
Continue Reading Executive Rules of Etiquette for RIFs

So last month, I blogged about my discovery that the Maryland Code does not actually contain all the laws that have been passed, which caused me to wonder how we were supposed to comply with them. And now, I just learned that in D.C., some laws that are passed end up not being implemented after all! Wait – what?!
Continue Reading A Halloween Tale: Ghosted by Laws that Are Passed But Not Implemented!