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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Are Employers Required to Make Commuting Accommodations under the Americans with Disabilities Act?

 

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The answer to this question is unclear, and federal courts continue to disagree. The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with disabilities, so long as the accommodations do not create an undue burden for the employer or pose safety risks.  In analyzing accommodation claims, courts must address each of these inquiries.    A longstanding...

POSTED IN Disability Discrimination

Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

 

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Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...

VIEW ALL POSTS ABOUT: Background Checks, Drug & Alcohol Use, Privacy Rights

What do employers need to do to comply with the PUMP Act and the Pregnant Workers Fairness Act?

 

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In recent years, the United States has faced an epidemic of maternal mortality and worsening maternal health disparities and ranks well beyond its industrialized peers on these metrics.  In response, many employers have taken steps to promote maternal and child health during the critical period of infancy and new parenthood.  These steps include more generous paid parental leave, better access...

POSTED IN Family and Medical Leave Act (FMLA), Leave Issues
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
What risks do employers face by excluding coverage for gender affirming care in their health plans?

What risks do employers face by excluding coverage for gender affirming care in their health plans?

 

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In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. Some states enacted affirmative legal protections for patients and providers (e.g., Colorado, Illinois, and Minnesota) while others sought to restrict or prohibit...

VIEW ALL POSTS ABOUT: General

What Does the California Attorney General’s New Investigative CCPA Sweep Mean for California Employers?

 

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On July 14, 2023, the California Attorney General announced an investigative sweep targeting CCPA compliance efforts by “large California employers.” The Attorney General’s Office sent inquiry letters to the large California employers “requesting information on the companies’ compliance with the California Consumer Privacy Act (CCPA) with respect to the personal information of employees and job applicants.” The CCPA did not...

POSTED IN California Questions, Privacy, Privacy Rights

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...

VIEW ALL POSTS ABOUT: General

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...

POSTED IN General
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...

VIEW ALL POSTS ABOUT: General
New York State’s Amended Pay Transparency Law

New York State’s Amended Pay Transparency Law

 

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Pay transparency laws are on the rise across the country. New York is currently one of four states and a growing number of municipalities to enact laws requiring employers to disclose salary and wage ranges in job advertisements. California, Colorado and Washington also require salary and wage range disclosures in job advertisements. Other states, including Connecticut, Maryland, Rhode Island and...

VIEW ALL POSTS ABOUT: General