Employment Policies

News & Analysis as of

3 Practical Challenges for Employers Created by Legalized Marijuana

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the...more

Oregon Legislature’s Attempt to Protect Pot Users Poses Challenges to Employers

Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other...more

The new "right to disconnect" in France

In response to the increasing use of digital tools which blurs the line between professional life and personal life, a new obligation relating to working time has been introduced in France by the law of August 8th, 2016...more

What is New in France: Right for the Employees to Disconnect?

The Law dated August 8, 2016 n°2016-1088 named “Loi Travail” has entered into force from January 1st, 2017 in relation to the “right to disconnect” for employees. Article 55 of the Law on the “right to disconnect” is the...more

Medical Marijuana Act Clouds the Rights of Employers to Establish and Enforce Marijuana Policies

Pennsylvania’s recently passed Medical Marijuana Act (MMA) has left employers dazed and confused about whether they may continue to enforce zero tolerance drug policies. The MMA, which provides qualifying patients with access...more

Physician Heal Thyself: California Sets Nation’s Highest Standard For Health Care Workplace Violence Prevention

The facts are distressing: according to federal Occupational Safety and Health Administration statistics, over half of all reported workplace violence incidents occurred against workers in healthcare and social assistance....more

Got an Employee Who Doesn't Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn't

I recently had an interesting call with a DOL investigator, and I wanted to share it with you. First, let me set the background. I represent a large national employer with multi-state locations, including several on...more

Strike4Democracy’s National Day of Action and the Impact on the Workplace

In a protest against President Trump’s immigration policies and plans, organizers around the country are coordinating a national protest day set for Friday, February 17th — encouraging workers to “walk out” or “don’t work” if...more

New York DOL Adopts Regulations Governing Employment Policies that Limit Employee Discussion of Wages

The New York State Department of Labor has adopted regulations clarifying employers’ rights and obligations when implementing policies that limit the discussion of wages in the workplace. Under New York Labor Law section...more

Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more

The Hazy Truth Regarding Workplace Drug Testing

John has been a good technician throughout his relatively short tenure at your dealership. But today he is a bit careless as he test-drives the customer vehicle he just finished working on. As John returns the car to the...more

Sorry, J-Lo and CeeLo: Real world requires carefully crafted employment dress codes

The Grammys aired on Sunday, February 12, 2017. Every year, audiences tune in to the glamorous awards show to watch the presentation of such celebrated accolades as “Song of the Year” and to take in the live performances of...more

Eleventh Circuit Holds Employee Entitled to Permissive User Status Despite Violation of Company Policy

In its recent decision in Great American Alliance Ins. Co. v. Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), the United States Court of Appeals for the Eleventh Circuit, applying Georgia law, had occasion to...more

New French Law Limits Work Email Outside of Business Hours

A new French law establishes employees’ “right to disconnect” beginning January 3, 2017. The new law is an amendment included within a broader labor reform bill, the El Khomri Labor Law (after Labor Minister Myriam El...more

Hungary defines legal grounds for data processing in the workplace

Due to the nature of employment relationships, personal employee data are processed in countless contexts every day. However, Hungarian labor regulations have very limited provisions on data processing at the workplace....more

Employer Privacy Policies: A How-To Guide

In 2005 Michigan became the first state to pass a statute requiring employers to create an internal privacy policy that governs their ability to disclose some forms of highly sensitive information about their employees....more

Super Bowl 51: What to Do When the Fantasy is Over and Football Fever Becomes a Work Reality?

Super Bowl 51 is just around the corner, and many of your employees probably already have football fever. According to a January 2016 study conducted by the Workforce Institute at Kronos, 77 percent of American workers...more

High heels, dress codes and discrimination: government recommendations published

The House of Commons Petitions Committee and Equalities Committee have published a joint report, ‘High heels and workplace dress codes’, which recommends that the government urgently reviews the effectiveness of...more

Don't Lose Your Day Job: Court Rules Against Moonlighting Employee

Can an employee keep his or her full-time job, while operating a personal business on the side (also known as moonlighting)? This issue was considered in Ross v IBM Canada Limited, 2015 ABQB 563 [Ross], where a senior...more

Should Rideshare Drivers be Allowed to Carry a Weapon? 

A recent rash of attacks on Uber and Lyft drivers raises questions regarding the safety of these gig economy workers. Drivers must often work under dangerous circumstances, including chauffeuring complete strangers, many of...more

The right to disconnect: a new right for French employees?

A new law, called El Khomri law, passed on August 8th, 2016 in France providing a right to disconnect for employees. Such right is entered into force on January 1st, 2017 - According to the law, it belongs to the...more

NYSDOL Adopts Regulations Implementing State Law Limiting Employer’s Right to Restrict Employee Discussion Regarding Wages

In October 2015, New York amended its equal pay law making it unlawful for an employer to prohibit employees from inquiring about, discussing, or disclosing their wages or the wages of other employees. N.Y. Lab. Law §...more

Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

Boulder Partner David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a...more

Right to Light? Maine’s New Marijuana Law Prohibits Employers from Discriminating Against Recreational Users

An important provision in the recreational marijuana ballot initiative approved by Maine voters back in November has so far generated limited buzz among Maine employers, but they will need to pay closer attention now that key...more

What Every Employer Needs To Know About The Super Bowl

The stage is officially set. The Atlanta Falcons will be playing the New England Patriots in Super Bowl 51 on Sunday, February 5, 2017, and no doubt your employees are very much aware of the upcoming game. A good many of them...more

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