Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State

With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow recreational marijuana. When Ohio allowed medical marijuana back in 2016, Ohio employers had to learn …

Layoffs Require Careful Planning to Avoid Costly Lawsuits

Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone.[1] If companies and HR professionals do not carefully plan group terminations, they could face long, expensive lawsuits filed by multiple …

Michigan’s Earned Sick Time Act Is Out…At Least For Now

The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will NOT go into effect on February 20, 2023.   In an opinion issued January 26, 2023, the Michigan Court of Appeals panel in Mothering Justice v. Attorney General overturned …

Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic departure from the current regulatory landscape, which is primarily dictated by state law. A non-compete clause is a contractual …

Stop the World – I Want to Get Off! Onboarding and Off-boarding in an Increasingly Mobile and Remote Workforce

In a world with an increasingly mobile and remote workforce, onboarding and off-boarding employees are more complicated than ever. Many companies now have single “outpost” employees in various states across the country. Similarly, many companies are encountering key employees asking to move (or moving without asking) to a state where the company previously had no …

UPDATED FEDERAL FORMS PART 2: I-9 Identification Documents Must Be Unexpired

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 …

UPDATED FEDERAL FORMS PART 1: EEOC Additional Gender Marker Option

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 …

U.S. Department of Labor Signals Increased Focus on Protecting Against Retaliation

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 …

The Employment Malpractices at the Yellowstone – Dutton Ranch: “Damn Right I Did It!”

With Season 4 of Yellowstone in the books, and having time to fully process the impact of the U.S. Supreme Court’s OSHA vaccine mandate decisions, we thought we would kick off the 2022 All Things HR Blog by taking a deeper dive into some of the eye-raising employment practices at the Yellowstone – Dutton Ranch. …

2022 Checklist for Ontario Employers

New for 2022 Ontario employers should already have a written Workplace Vaccination Policy and those with more than 25 employees will have until June 2, 2022 to implement and provide employees with a copy of their written Disconnecting from Work Policy. Additionally, Ontario employers can no longer enter into non-competition agreements with non-C suite employees. …