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Ruling supports firing pot smokers despite Colorado law

The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law. A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was […]

Week in Review—February 4 , 2011

Note to Readers: This newsletter appears daily, but we know some of you don’t always have the time to read it everyday. For your convenience, here’s a re-publication of what we covered this past week. Daily, weekly, or anything in between, we’re pleased to keep you informed with the latest tips, news, and advice on […]

News Notes: Study Reports Many Employers Were Sued But Few Had Insurance

Even though employee lawsuits are skyrocketing, most employers don’t carry insurance for employment practices liability, according to a report by Aon Risk Services, an insurance brokerage. Of 2,200 employers from various industries surveyed, 61% said they don’t have insurance. Nevertheless, three-quarters of the respondents reported being hit by an employee lawsuit within the past year. 

Comment period for rule on federal contractor compensation data extended

The U.S. Department of Labor (DOL) has extended the comment period for a proposed rule that would require federal contractors and subcontractors to submit an annual equal pay report to the Office of Federal Contract Compliance Programs (OFCCP). The 60-day extension means comments must be submitted by January 5, 2015. Interested parties can read and […]

Declining Retirement Plans: Will There Be More Fiduciaries in the Future?

Plan sponsors who watched their retirement investments get buffeted by recent recessionary storms have had few ERISA remedies against broker dealers who led them to poor-performing funds. The sole recourse under ERISA for plan members was to sue the plan sponsor who relied on the advice, rather than against the professional financial expert who gave […]

Bulletin: Government revises Form I-9

The U.S. Citizenship and Immigration Services (USCIS) has released a new Form I-9, which you can access at www.uscis.gov. Five documents, which employees previously could have submitted for proof of identity and employment eligibility, were removed from List A because they lack sufficient features to help deter counterfeiting, tampering, and fraud. Employers can no longer accept […]

News Notes: Million-dollar Verdict in Family Leave Case

A Los Angeles jury ordered Sony to pay $1.4 million to Klaus Wang, a company technician for more than 14 years who was fired when he returned to work following a California Family Rights Act medical leave. Sony argued that Wang was terminated for poor job performance and the decision to fire him was made […]

Civil Unions Available Now in Illinois, and Soon in Delaware

Employers in Illinois that have not done so may need to adjust their plan documents to reflect the new legality of civil unions in that state. Civil unions are legal in Illinois, Hawaii and New Jersey — and will be available in Delaware next year. The Illinois Religious Freedom Protection and Civil Union Act went […]

Managing Down to Those Who Manage Up

In yesterday’s Advisor we talked about “managing up.” Today, tips about managing down, and an introduction to a new audio conference, Handling Difficult Conversations. Here’s a typical scenario between a subordinate and a boss: Bill comes up to Sally, the boss, who is running to a meeting, and says, “We have problem with x.” Sally […]