Incremental "tweaks" might be the best course for employers.

(When I think out loud, beware.)

Ellen Kearns' discussion of last week's decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the ...

Supreme Court agrees to review "travel ban" cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the preliminary injunctions against the "travel ban" issued in March should be stayed. What that means is that the travel ban is now in effect for foreign ...

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 Democratic National Convention, and some dude in ...

In our December edition of ConstangyTV's Close-Up on Workplace Law, host Leigh Tyson interviews Tommy Eden about the growing number of states that have legalized marijuana use and how employers in "legal pot" states should respond. Please tune in!

https://www.youtube.com/watch?v=aX5a2xqwhU4

As we expected here and here, the day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of commercial drivers' licenses. The effective date of the Final Rule is January 6, 2017, but transportation employers ...

The November edition of ConstangyTV's Close-Up on Workplace Law tackles workplace holiday parties, the legal risks, and how to minimize those risks. Host Leigh Tyson interviews Gary Wheeler of our Jacksonville Office about what employers should and shouldn't do. If you haven't already done so, please subscribe to our YouTube channel.

The new, improved I-9 form. Elizabeth ...

Which means the rule will be enforced starting day after tomorrow, December 1.

Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had failed to show that they would suffer irreparable harm if the rule was not preliminarily enjoined. He also found that the plaintiffs had failed to show that the balance of ...

The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new "Reasonable Reporting Procedure" rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1.

The rule was scheduled to take effect on August 10, and then OSHA extended the ...

A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality.

That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal Motor Carrier Safety Administration, who spoke this week at a conference of the Substance Abuse Program Administrators Association. Mr. Moya said that the ...