Articles and Blogs

On June 15, the Supreme Court of Colorado in Coats v. Dish Network ruled in a 5-1 opinion that Dish Network did not violate Colorado state law when it terminated Coats, a former employee and also a medical marijuana patient, for failing a drug test despite that the failure was caused by off-the-clock medical marijuana... READ MORE

Now that the summer vacation season is officially upon us, it is important for employers and their nonimmigrant workers to consider the potential risks nonimmigrant workers face when traveling internationally prior to the start date of an approved H-1B petition. According to an informal immigration policy known as the “Last Action Rule,” the last... READ MORE

Take a look at the FMLA forms you are now using and glance at the top right corner where you will see an OMB Control Number.  Just below that number, what does the expiration date say?  A safe bet is that the form you are using has expired!  But, all is not lost as the... READ MORE

OFCCP has posted new sample AAPs for protected veterans and individuals with disabilities in follow up to the substantially revised VEVRAA and Section 503 regulations that went into effect last year.  The samples show how covered federal contractors might satisfy their new regulatory requirements in their initial (aka “transition”) AAP year.  According to the... READ MORE

Under the National Labor Relations Act (“NLRA”), prior to implementing changes to wages, hours or other terms and conditions of employment, employers are required to give the union notice and an opportunity for bargaining. Once the union has received notice of a potential change, it is required to request bargaining in order to preserve... READ MORE

Employers and the EEOC faced off again recently, this time over the EEOC’s obligation to engage in conciliation before commencing litigation against an employer. In Mach Mining, LLC v. EEOC, the employer prevailed in claiming that a federal court may decide whether the EEOC met that obligation but made the EEOC’s burden in establishing... READ MORE

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

Last week, the U. S. Department of Labor, Occupational Safety and Health Administration (“OSHA”) issued an updated version of its publication, “Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers” (the “Guidelines”). This technical assistance manual was first issued in 1996 and then revised in 2004. The Guidelines are identified by the... READ MORE