Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Author: Rebecca Bernhard

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent contractor?

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent contractor?

 

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Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor.  Employers need to take into account the tests used by different federal agencies as well as those used by different states.1 The National Labor Relations Board (“NLRB” or the “Board”) has, yet again, changed its standard for...

VIEW ALL POSTS ABOUT: General

Department of Homeland Security, Immigration and Customs Enforcement Reverses Course on Remote I-9 Verification and Issues New Form I-9

 

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As we previously wrote, in May, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) announced an end to employers’ ability to remotely inspect I-9 documents (an accommodation made during the height of the COVID-19 pandemic) on July 31, 2023.  This meant that employers would no longer have the option to complete I-9 document verification remotely for those...

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Why Employers Everywhere Should Care About Florida’s New Immigration Law

 

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On July 1, 2023, Florida’s new law regulating immigration within the State of Florida became effective. Known as FL 1718, the law is far-reaching and will significantly affect most employers in the state. Especially affected are the agriculture, landscaping, hospitality, and construction industries which traditionally cannot meet their employment needs through the recruitment of U.S. workers or foreign workers with...

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Minnesota Has Gone “All In” on Marijuana Legalization — What Does This Mean for Employers?

Minnesota Has Gone “All In” on Marijuana Legalization — What Does This Mean for Employers?

 

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Around this time last year, Minnesota legalized edible products containing hemp-derived tetrahydrocannabinol (THC). Now, Minnesota has gone “all in”—becoming the 23rd state to legalize the recreational use of marijuana and cannabis products. While personal use is not legal until August 1, 2023, several employment provisions in the bill take effect on July 1, 2023. The legalization of recreational marijuana involves...

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The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums significantly changing how employers must draft separation agreements and opining on the enforceability of noncompetition agreements. Can she do that?

 

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Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to note that certain provisions of the NLRA apply to all employers, not only those that currently have unions or are facing union election petitions....

VIEW ALL POSTS ABOUT: Labor Law, Post-Employment Restrictive Covenants
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The NLRB Reverses Course (again) on Employee Outbursts and Protected Concerted Activity

 

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What happens when an employee starts yelling at the boss, makes profane social media posts about work, or engages in other “abusive conduct?”  In many cases, employers can follow their own policy and impose discipline if appropriate.  But, where profanity and heated outbursts come up in the context of complaints about the terms and conditions of the employee’s job, the...

VIEW ALL POSTS ABOUT: At Will Employment, Discipline and Discharge, Labor Law, Workplace Violence

Back to the Past: In-Person Document Inspection for I-9 Forms Resumes

 

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The Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) is ending employers’ ability to remotely inspect I-9 documents on July 31, 2023.  Employers will have an additional 30 days, until August 30, 2023, to ensure that all required physical inspection of identity and employment eligibility documents is completed. All U.S. employers must complete a form I-9 for every...

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Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

 

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Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual employees. In such circumstances, employers may seek to offer severance pay in exchange for certain releases and promises by the departing employee requiring a severance agreement. The drafting of...

VIEW ALL POSTS ABOUT: Employee Handbook / Policies, General, Labor Law, Post-Employment Restrictive Covenants

What is a Form I-9 and how do I complete it, especially for remote employees?

 

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As most human resources professionals know, the Immigration Reform and Control Act requires all employers to verify the identity and employment authorization of each person working in the United States who was hired after Nov. 6, 1986. This verification process is documented by completing and retaining USCIS Form I-9, Employment Eligibility Verification, for each employee who is hired to work...

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As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

 

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As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge.  This has generated some concerns from employees who do not want to return to the work place. Can employers require employees to return to work if the employees...

VIEW ALL POSTS ABOUT: California Questions, Disability Discrimination, General, Labor Law, Retaliation, Unemployment Benefits