Medical Marijuana: When a Positive Drug Test may not be Grounds to Fire an Employee

Medical Marijuana: When a Positive Drug Test may not be Grounds to Fire an Employee

In a portentous opinion, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer.  Because many states’ medical marijuana laws contain the similar language to that which the court relied on, employers outside of Massachusetts should take note. The facts… Continue reading Medical Marijuana: When a Positive Drug Test may not be Grounds to Fire an Employee

Will Paid Family Leave Become the Law of the Land?

Will Paid Family Leave Become the Law of the Land?

Included in President Trump’s 2018 budget proposal is a request for funding a paid leave program.  The program would require $19 billion from the budget and would provide that employees were entitled to 6 weeks of paid leave from work. So far, Republicans have not warmed to the idea. Yesterday, at least 100 Democrats wrote… Continue reading Will Paid Family Leave Become the Law of the Land?

Arizona Sick Leave Law Goes in Effect July 1st: Are you ready?

Arizona Sick Leave Law Goes in Effect July 1st: Are you ready?

In November, voters in Arizona approved a ballot initiative that would require employers to provide paid sick leave.  The law goes into effect tomorrow. Under the law, Arizona employers with less than 15 employees will have to provide up to 24 hours of paid sick leave.  Employers with 15 or more employees will have to… Continue reading Arizona Sick Leave Law Goes in Effect July 1st: Are you ready?

USDOL Announces the Reinstatement of Issuance of Opinion Letters

USDOL Announces the Reinstatement of Issuance of Opinion Letters

The U.S. Department of Labor announced today that it will reinstate the issuance of opinion letters, a practice that was widespread under some prior administrations, but which it elected to forego during the Obama administration.  In an email announcement sent out today, the USDOL announced: The U.S. Department of Labor will reinstate the issuance of… Continue reading USDOL Announces the Reinstatement of Issuance of Opinion Letters

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

Arias v. Raimondo This case presented an issue of first impression: Can an employer’s attorney be held liable for retaliating against his client’s employee because the employee sued his client for violations of workplace laws? The district court held that he could not and dismissed the claim. On appeal the Ninth Circuit disagreed and reversed.  Specifically,… Continue reading 9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

Document. Document. Document: A Must in the Employment Context

Document. Document. Document: A Must in the Employment Context

I am sure that a lot employers lost productive work time yesterday with the Comey hearing. I must admit that I did not watch the Comey testimony yesterday.  I actually had a busy day and was afraid of getting sucked down the rabbit hole.  I do intend to catch up on it.  If you are so… Continue reading Document. Document. Document: A Must in the Employment Context