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There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for …
Continue reading “Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It”
Although the COVID-19 pandemic has occupied a preeminent place in all of our minds for the past two years, it was not that long ago that the #MeToo movement swept the nation, forcing employers and employees to examine new—yet somehow also old—issues of discrimination, retaliation, and harassment in the workplace. From a cultural standpoint, #MeToo …
Continue reading “#MeToo 5 Years Later – How The States Took Over the Narrative”
Like a 401(k) plan, a group health plan must comply with ERISA’s rule that prohibits a plan fiduciary from paying more than a reasonable amount for services provided to the plan. When a group health plan offers insured benefits, service providers may receive a commission from the insurance company instead of direct payment from the …
Continue reading “Using the New Group Health Plan Fee Disclosure Rules To Reduce Plan Costs”
The Federal Government has updated some of its standard forms employers are probably used to seeing. Last week, we discussed the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. This week, we will discuss the changes to Form I-9. Federal law requires that every employer who recruits, refers …
Continue reading “UPDATED FEDERAL FORMS PART 2: I-9 Identification Documents Must Be Unexpired”
The Federal Government has updated some standard forms employers are probably used to seeing. In this two-part blog series, we will identify the changes in these new forms, starting first with the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. Next week, we will discuss the changes to …
Continue reading “UPDATED FEDERAL FORMS PART 1: EEOC Additional Gender Marker Option”
On March 10, 2022, the U.S. Department of Labor (DOL) and its Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2022-02 (FAB). FAB focused on retaliation against employees who assert rights under a broad array of federal laws, including the FLSA, FMLA, the Migrant and Seasonal Workers, various work Visa programs (such as …
March 12, 2022 marks the second anniversary when the National Basketball Association first canceled games because of COVID-19. In the two years since, there have been waves of COVID. Just last year, President Joe Biden made a speech on Independence Day stating: “Thanks to our heroic vaccine effort, we’ve gained the upper hand against this …
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, the “Act”), which amends the Federal Arbitration Act and ensures that victims of sexual assault and harassment are entitled to have their day in court. Specifically, the Act provides that no …
Protection against unlawful treatment in the workplace is a goal shared by employers and employees alike. Employers that may have relaxed their compliance with federal employment and discrimination laws during the pandemic take note: the U.S. Equal Employment Opportunity Commission (EEOC) has been ramping up its enforcement activities; meaning employers should refocus on their internal …
On February 1, 2022 – the first day of Black History Month – Brian Flores, the former head football coach of the Miami Dolphins, filed a class action lawsuit against his former team, as well as the New York Giants, the Denver Broncos, and the National Football League (“NFL”) for discriminatorily denying employment to Black …
Continue reading “Class Action Discrimination Suit Against the NFL Is One to Watch”