The U.S. District Court for the District of Rhode Island recently found the state's drug testing statute could apply to breathalyzer tests. The statute governs the testing of "urine, blood, or other bodily fluid or...
Employment Law Letter
With colder weather beginning to creep in, many employers are looking at their influenza vaccination policies with fresh eyes. COVID-19 and the seasonal flu share common symptoms, which can complicate your efforts to...
It isn't any secret that immigration issues have been a hot topic in employment for the last several years. One such issue involved the Deferred Action for Childhood Arrivals program, commonly referred to as DACA. A...
Employers often struggle with balancing objective standards against subjective ones in making employment decisions. Using a carefully constructed and well-documented process can be of enormous importance. A recent case...
When a company has a union contract, it must be careful not to make changes in its operations covered by the contract without first negotiating with the union. Contracts generally have a management rights clause that...
"Working from home," "teleworking," "working remotely"—whatever you call it, the concept has always been troublesome for employers. COVID-19 has forced them to reconsider telework, which has become essential for many...
In the wake of 2020’s coronavirus pandemic and economic, social, and political unrest, we’ve packed our bags, gassed up the car, and initially set out for “Back to Normal” as our destination. We’re trusting Waze app to...
The Arizona Employment Protection Act (AEPA) codifies the state’s public policy favoring at-will employment, which provides that absent a written employment contract stating otherwise, “the employment relationship is...
The statute of limitations for claims made under the Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act (AMWA) is two years, but it can be extended to three years if an employee can show the employer...
The statute of limitations for claims made under the Fair Labor Standards Act (FLSA) and the Arizona Minimum Wage Act (AMWA) is two years, but it can be extended to three years if an employee can show the employer...
When Hawaii's 2020 legislative session began in January, the focus was on increasing the state's minimum wage and employment benefits. The bills were tabled, however, after the COVID-19 crisis shut down all businesses...
Major elements of the Oregon Workplace Fairness Act (OWFA) took effect October 1, 2020. The 2019 Oregon Legislature passed the Act in response to concerns voiced by the #MeToo movement. On January 1, 2020, the time to...
Whistleblower charges alleging workplace safety retaliation have surged dramatically during COVID-19. Approximately 30 percent more charges have been filed with the Occupational Safety and Health Administration (OSHA)...
Any Real Housewives fans out there? I'm not ashamed to admit I sometimes (with shocking frequency) set aside my Wall Street Journal and Brendon Burchard books on high-performance business habits to engage in a slightly...
Q We have an employee who definitely showed signs of being on drugs or alcohol at work. We want to let him go per our handbook policies that prohibit employees from being at work under the influence of alcohol or drugs...