As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
Coronavirus, whose formal name is COVID-19, has been the subject of much media attention since the first outbreak in Wuhan, China, late last year. Just like recent outbreaks of the swine flu, the avian flu, SARS and the West...more
2/25/2020
/ Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Traveling Employee ,
Workplace Safety
On October 31, 2019 the U.S. Department of Agriculture (USDA) published an Interim Final Rule (84 FR 58522) establishing the U.S. Domestic Hemp Production Program and outlining a regulatory framework for monitoring hemp...more
11/1/2019
/ Agricultural Sector ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Comment Period ,
Controlled Substances ,
DEA ,
Farm Bill ,
Food and Drug Administration (FDA) ,
Hemp ,
Interim Final Rules (IFR) ,
Interstate Commerce ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Penalties ,
Public Comment ,
Regulatory Requirements ,
State and Local Government ,
Testing Requirements ,
Tribal Governments ,
USDA
This past Thursday, President Donald Trump announced that he would nominate Eugene Scalia to be the next secretary of labor. Readers will recall that the current secretary, Alexander Acosta, resigned on July 12, 2019. Acosta...more
The U.S. Immigration and Customs Enforcement agency (ICE) recently released statistics on its worksite enforcement activities for the federal fiscal year ending on September 30, 2018. It should surprise no one that worksite...more
12/18/2018
/ Arrest ,
Audits ,
Criminal Prosecution ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Records ,
Undocumented Immigrants ,
Workplace Investigations
The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing...more
10/1/2018
/ Controlled Substances Act ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
False Claims Act (FCA) ,
Health Care Providers ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
Zero Tolerance Policies
If your company:
sells goods or services to the federal government; or -
sells goods or services to companies that use those goods or services in the products they sell to the federal government, you need to read this...more
Since dues are the lifeblood of all labor unions, it wouldn’t be surprising to find the leadership of the American labor movement singing a refrain from a 1960’s protest song: “my friend . . . we’re on the eve of...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
The Trump administration’s mark is certainly evident at the National Labor Relations Board (NLRB) and health care employers are breathing a sigh of relief.
The NLRB is a five member Board that decides cases governing most...more
3/1/2018
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Health Care Providers ,
Joint Employers ,
NLRB ,
Nurses ,
Operating Agreements ,
Physicians ,
Privacy Policy ,
Public Comment ,
Quickie Election Rules ,
Trump Administration ,
Unions
As explained in this companion article, the National Labor Relations Board (NLRB) gave employers an early holiday gift with its reversal of the Obama-era joint employer test. But the Board had even more holiday cheer to...more
On September 25 the U.S. Senate confirmed the nomination of William Emanuel to the National Labor Relations Board (NLRB). This quickly followed the previous confirmation of Marvin Kaplan, thus bringing a full complement to...more
A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more
8/3/2017
/ Appeals ,
Disability Discrimination ,
Drug Testing ,
Federal v State Law Application ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
New Hires ,
Reasonable Accommodation ,
Reversal ,
Undue Hardship
Our readers should be well aware that every newly-hired employee in the United States must complete a Form I-9 and present supporting documentation confirming their ability to legally work in the job they are being hired...more
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that was enacted to ensure protection of individuals’ protected health information (PHI). The Standards for Privacy of Individually...more
If you are reading this from one of the 3,141 counties in the continental United States that has not yet been affected by the Zika virus, do not turn away. There is valuable information here for employers, even if you do not...more
After last week’s horrific mass shooting in Orlando, which targeted the LGBT community, most of us have spent days lost in thought, in sadness, and in concern about how such tragedies continue to occur. As people return their...more
Many companies in the technology industry pay workers as “independent contractors” or “1099 workers.” In theory, classifying individuals as independent contractors rather than employees can bestow significant economic...more
If you are an employer in the health care or defense industry, in addition to compliance with the panoply of employment laws you must adhere to, employers must also be attuned to their exposure to whistleblower claims under...more
It’s that time of year when students around the country head back to school. In addition to watching their office supplies fly out of their store rooms, employers will see an increase in employee requests for time off work to...more
Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised.
We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ”...more
By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most...more
The National Labor Relations Board (“NLRB”) has issued yet another decision which should cause all employers, even those without unions, to think very carefully before disciplining any employee for their actions on social...more
Bring-Your-Own-Device (“BYOD”) policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely. However, when implementing any BYOD policy there are...more
Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners.
The federal government spends more than $500...more
As we have previously noted, employers are increasingly resorting to arbitration agreements, waivers and releases and other strategies in an attempt to limit liability in employment matters and reduce or eliminate the risk...more