It was bound to happen sooner or later, tbh. As Presidents change from Democrat to Republican to Democrat, the complexion of the five-member (well, four now) National Labor Relations Board flips from union-friendly to management-friendly to union-friendly. And as the pendulum swings hard one way or the other, big “precedential”…
Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC. Between now and then, I’ll need to update my slide deck. That’s because, last week, Congressman Jamie Raskin (MD-08) and Congresswoman…
On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims…
The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug…
A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to arbitrate her claim against her former employer under the Age Discrimination in Employment Act is enough to lose it forever when her brief delay violates the plain terms of an arbitration…
For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time to express breast milk after the birth of her child for up to one year after childbirth. Last December, the PUMP for Nursing Mothers Act became law. The PUMP Act provides…
Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have…
The EEOC has guided employers to accommodate employee use of certain prescribed medications, and excuse failed drug tests that reflect the presence of those drugs — if it is done safely — because those individuals who test positive likely have an underlying disability. But, when employee self-medicate — like with…
In recent years, many states have passed equal pay laws. At the federal level, well… For U.S. Representative Rosa DeLauro (D-CT-03), last week marked the fourteenth time (according to Wikipedia) that she had introduced the Paycheck Fairness Act. The measure is designed to combat the wage disparity woman face compared to…
The answer to that question (wait for it) — it depends on the state. A few states, like California, Colorado, Kentucky, and Massachusetts (there may be others), define “wages” statutorily to include vacation pay. And since an employer must pay all wages owed to terminated employees, generally, that includes accrued but unused…