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Did You Know Your New Hire Might Make You a Joint Employer?

Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division published an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). They also released a new fact sheet on the Family and Medical Leave Act (FMLA) and joint employment.

Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

Wake Up! Tips for Avoiding a 'Hiring Snooze'

We’ve all heard the common saying “You snooze, you lose.” Put another way, if you don’t pay attention and do something right away, someone else will do it before you can and enjoy the benefit. Taking too long to complete the hiring process can have the same effect.

Workers’ Compensation: Employee Harmed By Workplace Gossip About Her Personal Life Not Entitled To Benefits, But Caution Still Required

Lunchroom gossip is common in most workplaces, and when it’s malicious, it can damage relationships and affect morale. But can it also create work-related injuries that employers are on the hook for? We’ll tell you why a California appeals court has ruled that one workplace gossip victim was not entitled to workers’ comp benefits—but why […]

Creating a drug testing policy in California

Creating a drug testing policy in California is often considered to be critical in ensuring employee safety. However, must comply with both state and federal laws when putting the policy together. How can you establish an effective program that doesn’t cause potential legal headaches down the road?

opioids

2 Ways to Tackle the Opioid Epidemic in the Workplace

Since 2012, the number of people dying from drug- or alcohol-related causes while on the job has been growing by at least 25% annually (Bureau of Labor Statistics). And that’s just inside the workplace! According to the U.S. Department of Health and Human Services, 116 people died every day in 2016 from an opioid overdose, […]

Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions. Q Why should employers review the EEOC’s mental health guidance?  A If they haven’t already dealt with the issue, many employers will be […]

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]

Age Discrimination: Employer’s Ignorance of Insurance Policy Age Limits Sets Stage for Lawsuit

Salem-Keizer Yellow Cab Co., in Salem, Ore., purchased a new automobile liability insurance policy for $10,000 less than its existing auto policy. Yellow Cab probably figured it was making a smart, money-saving move by switching insurance carriers. But, as we’ll explain, the net cost was an expensive age discrimination lawsuit.