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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Can Officers and Directors Be Held Individually Liable Under State Law for Causing Employers to Violate the WARN Act?

Can Officers and Directors Be Held Individually Liable Under State Law for Causing Employers to Violate the WARN Act?

 

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In the face of recent reductions-in-force and predictions of a recession (Harriet Torry & Anthony DeBarros, Economists Now Expect a Recession, Job Losses by Next Year, Wall St. J., Oct. 16, 2022), employment lawyers are dusting off their research regarding the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq., and similar state laws (the WARN Acts). These...

POSTED IN General

What Obligations do Employers have to Provide Employees with Time off to Vote?

 

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With the 2022 midterm elections fast approaching, and sky-high interest in voting this election cycle, more employers than ever may be considering their obligations to provide employees time off to vote.  As it stands, 29 states require employers to provide some kind of voting leave.  But with the rise in popularity of mail and early voting during the pandemic taking...

POSTED IN General

What is the EEO-1 Report and What Are My Obligations?

 

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The EEO-1 report, commonly referred to as either “Equal Employment Opportunity Compliance Report” or simply “EEO”, is a reporting requirement for many U.S. employers. Mandated by the U.S. Equal Employment Opportunity Commission (EEOC), it aims to provide a demographic breakdown of the employer’s workforce by race/ethnicity, sex and job categories. The data submitted is kept confidential by the EEOC unless...

POSTED IN General

What Types of Pay Equity Laws Should I Be Aware of and How Can I Best Comply?

 

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Dear QQ: I am the HR Director for a technology company.  We have offices in three states and hire employees from all over the country.  Since 2020 we have let employees work remotely from the state of their choice.  I’ve been hearing a lot about pay equity, but am not clear on the different types of laws and where they...

POSTED IN Employee Handbook / Policies, General, Wage and Hour Issues
Workers’ Compensation Coverage for Remote Employees’ Injuries: What Happens When Every Day Is Bring Your Child (and Pets, and Neighbors) to Work Day?

Workers’ Compensation Coverage for Remote Employees’ Injuries: What Happens When Every Day Is Bring Your Child (and Pets, and Neighbors) to Work Day?

 

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Workers’ compensation laws have been in effect in the United States for over a century providing benefits to employees injured on the job.  For many years, “on the job” meant injuries that occurred at an office, factory, store, or other site used exclusively for work-related purposes and over which the employer had a significant degree of control.  After COVID-19, with...

POSTED IN Negligence

Unlimited PTO in California – Is This Actually a Good Idea to Retain Employees?

 

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The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the phenomenon now known as the Great Resignation. With employees resigning from positions at a record rate, employers are left scrambling to retain and recruit...

POSTED IN General

Ban the Box Laws: What’s the Box and Why is it Banned?

 

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An overwhelming majority of states have adopted what is widely known as “ban-the-box” laws or policies that generally prohibit employers from inquiring about an applicant’s criminal background until later in the hiring process. The laws are intended to allow an employer to evaluate an applicant’s job qualifications first, without a criminal record overshadowing their candidacy.  Here’s what employers need to...

POSTED IN Uncategorized
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 & Alcohol 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