Posts tagged Steve Katz.

What effect are liberalized marijuana laws having on employer drug policies?

Maybe not as much as you'd think.MarijuanaPlant.flickrCC.JamesSt.John

The Society for Human Resources Management just came out with a survey of employer marijuana policies in states that have legalized it in some degree. Here are some highlights from the SHRM study:

*Of 224 employers who have operations in jurisdictions that have legalized ...

In California, marijuana has gone from being an illegal drug to beingMarijuana Green Light.flickrCC.AlejandroForeroCuervo big business.

Last week Governor Jerry Brown signed into law three pieces of legislation (AB 243, AB 266, and SB 643) aimed at regulating the $1.3 billion medical marijuana industry in the state. The legislation, collectively called the Medical Marijuana Regulation and Safety Act, will take effect January 1, 2018 ...

Where are we these days with respect to mind-altering substances and the workplace? Here's the latest, with the "substances" discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes.

Martinis
Three amigos!

ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit its ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island.

The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she used medical marijuana for her ...

Employers can hope, but that doesn't necessarily mean change.

Tuesday night's Republican rout in the midterm elections was big news, but is it much ado about nothing from an employer's standpoint? Here are a few reasons not to become too giddy (if you were happy about the outcome) or too depressed (if you weren't):

1. Although the GOP will have control of the Senate, it does not have the 60 senators needed to override a presidential veto. So, even though House Speaker John Boehner (R-Ohio) and Sen. Mitch McConnell (R-Ky.), presumably the next Senate majority leader, are saying they'll work to repeal or partially roll back the Affordable Care Act, expect to see an actual vote that is largely symbolic. The President is expected to veto any but the most incremental legislation, and the Republicans won't be able to do anything about it unless they can find six moderate Democrats to join them. Are there any moderate Democrats left after Tuesday?

Elephants playing.flickr.SamHowzitCC
The GOP on Tuesday night. "Par-TAAAAAAAAAY!"

Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms. Coats was a telephone call-center operator with Dish Network for three years before he failed a cheek-swab random drug test in 2010Marijuana_joint and was fired. Dish Network has a ...

Oddities, weirdness, and the strange and unusual from the world of employment law.

I thought only elephants had two-year pregnancies. As I've discussed here before, "pregnancy" for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may be receiving in ...

Well! OK!

It's been an interesting week, hasn't it? Congratulations to President Obama on winning a second term. My Election 2012 coverage would not be complete without some labor and employment prognostications for Obama Administration II.*

Criswell Predicts.jpg

*Please do not read these again in 2016 to see how accurate I was. I don't want to be known as the Dick Morris of employment law bloggers.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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