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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”
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”
A strong workforce is a critical component for an employer’s success, and work is at least as important for employees. Work is a source of much more than income. It is a source of dignity and self-worth for employees. As a result, employment terminations can have high stakes, because of the risks of litigation and …
Continue reading “Practical Considerations in Employment Terminations”
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. …
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. …