Let’s face it: Medical marijuana is not going away. More states are legalizing it, and some states have already legalized recreational marijuana as well.. At the same time, marijuana remains illegal under federal law. Many employers run pre-employment drug screening, and many–at least up until recently–would refuse to hire anyone testing positive for any illegal […]
Leave Me Alone: Can You Contact (or Fire) Employees on FMLA Leave?
An employee goes out on FMLA leave. While the employee is on leave, the employer contacts her. Six days before the anticipated end of that leave the employer fires the employee. The employee sues, alleging FMLA interference. Who wins? In this case, the employer did. Let’s delve into some of the details to learn why […]
Having Leave Abuse Issues? How ‘Bout Those Attendance Policies?
So many inquiries I receive from employers and H.R. practitioners center around suspected leave abuse. Many say that managing absences and staying in compliance with the FMLA and ADA are among their biggest headaches. How do you hit that sweet spot? Is it possible? Yes it is. I’ll discuss just a few ways and give […]
Mandatory Arbitration — With a Twist
There’s been a fair amount of buzz about mandatory arbitration of employment disputes lately. The Supreme Court of the United States (SCOTUS) has issued three (yes three) rulings on requiring employees/consumers to submit disputes to binding arbitration. Do you have such a requirement? Are you thinking of adopting one? Is it really such a great […]
Employment Discrimination? S/he’s Not My Employee…
Can you be liable for employment discrimination against someone who’s not your employee? Sometimes. Title VII and the other aforementioned laws prohibit employers from discriminating. These laws loosely define employers as entities with a minimum number of employees, usually 15 or more (20 or more under the ADEA). If you meet that threshold, you are […]