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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Minnesota Has Loosened Restrictions on Edible Products Containing THC – What Does that Mean for Minnesota Employers?

Minnesota Has Loosened Restrictions on Edible Products Containing THC – What Does that Mean for Minnesota Employers?

 

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What is the current Minnesota law regarding edible products containing THC? An inconsistency in two amended provisions of  Minnesota Statute § 151.72 has resulted in what some have deemed the legislature “accidentally” legalizing edible products containing certain amounts of hemp-derived tetrahydrocannabinol (THC) for purchasers 21 years of age and older. When did the new law take effect? The new law...

POSTED IN Drug & Alchohol Use

How the NLRA Applies to All Workplaces, Not Just Unionized Ones: Implications for Workplace Conduct Policies, Social Media Policies, and Employee Discipline (Including After the Supreme Court’s Abortion Decision)

 

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When the subject of the National Labor Relations Act (the “NLRA,” or, more succinctly, the “Act”) is broached, employment lawyers often hear a familiar refrain: “The Act doesn’t apply to me because my employees are not unionized.” This widespread belief is incorrect. In actuality, all employers in the United States are subject to the Act in an important way that...

POSTED IN Employee Handbook / Policies, Labor Law
What is the CROWN Act, what do I need to know about it, and how should employers prepare for it?

What is the CROWN Act, what do I need to know about it, and how should employers prepare for it?

 

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On March 18, 2022, the U.S. House of Representatives passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act by way of a party line vote of 235-189. In general, the federal CROWN Act and similar state acts explicitly prohibit discrimination on the basis of a person’s natural hair.  More specifically, the proposed federal legislation prohibits “discrimination...

POSTED IN Uncategorized

Next on the Chopping Block: In Light of Recent Removals of the Agricultural Exemption from State Wage and Hour Laws, Employers Are Wondering Which Employees Are Exempt and for How Much Longer?

 

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Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage and overtime requirements. These requirements differ from state to state, and employers are noting a change in the agricultural exemption. Some states have removed, or are considering...

POSTED IN Food & Agriculture Industry Group, General, Wage and Hour Issues
How does the new-ish Colorado statute requiring disclosure of salary information for job postings affect non-Colorado employers?

How does the new-ish Colorado statute requiring disclosure of salary information for job postings affect non-Colorado employers?

 

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Raise your hand if you are a human resources professional who has had it up to the proverbial HERE with sifting through state law requirements for remote workers? This post is for you! Today we are taking a closer look at Colorado’s Equal Pay for Equal Work Act and how its pay transparency provisions apply to multi-state employers. Here’s the...

POSTED IN Wage and Hour Issues

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...

POSTED IN Uncategorized
Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

 

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The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout the United States. The deluge of stories was dubbed the #MeToo Movement, and it led to a reckoning in American society about how to address claims of...

POSTED IN Employee Handbook / Policies, Sexual Harassment
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
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What Do Employers Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

 

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On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code, thereby entitling them to the protections afforded by those laws. The bill codifies the standard set out in last year’s California Supreme Court decision, Dynamex Operations West, Inc....

VIEW ALL POSTS ABOUT: California Questions, General, Independent Contractors, Labor Law
Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

 

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Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and sometimes even interning with the employer. Other employers experience delays in hiring foreign nationals needed for specialized positions despite the obvious qualifications of the candidate. These employers’ frustrations reflect the...

POSTED IN General, International Employment Law, Labor Law, Litigation Issues