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When Absence Makes the Boss Grow Madder: What to Do With Employees Whose Medical Leave Never Seems to End Posted on: April 22, 2021 In: Labor & Employment
One of the most vexing challenges employers face is how to handle employees who appear to be on an endless medical leave. Is an employer required to continue accommodating such a person, or does there come a point when enough is enough and the employer can lawfully terminate his or her employment? Unfortunately, the answer is not clear-cut. However, if they consider the following points, employers may be able to reduce the likelihood of a lawsuit.
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Tags:
medical leave, fmla, ada, reasonable accommodation, eeoc, human resources
Florida Governor Signs COVID-19 Liability Shield Posted on: April 20, 2021 In: Labor & Employment, COVID-19 Response
On March 29, 2021, Florida Governor Ron DeSantis signed into law Florida Statute 768.38, granting significant protections to business entities, educational institutions, governmental entities, and religious institutions from claims related to COVID-19 if they made a good faith effort to follow guidelines to prevent the spread of the coronavirus. The new law aims to dissuade the filing of meritless claims for damages allegedly due to COVID-19 exposure in a few key ways.
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Tags:
florida, covid-19, liability shield, employment law
New York Joins Growing Trend of Marijuana Legalization, Welcomes New Protected Class Posted on: April 16, 2021 In: Labor & Employment
Joining other states on the marijuana bandwagon (most recently, New Jersey), New York has officially legalized recreational use of marijuana for adults aged 21 and older. The Cannabis/Marijuana Regulation and Taxation Act (MRTA), signed by Governor Cuomo on March 31, 2021, allows adults to possess, purchase, display, obtain, and transport marijuana in limited quantities, effective immediately. Of note for employers, the MRTA creates a new protected employee class.
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Tags:
new york, marijuana, mrta, protected class, employment law
California Employers Beware: 3 Things to Consider When Hiring Independent Contractors Posted on: April 08, 2021 In: Labor & Employment
In California, a person providing labor or services is presumed to be an employee, rather than an independent contractor, unless the hiring entity meets the elements of the strict “ABC Test” – a three-part test to show, among other things, that an employee is free from its control and performs work that is outside of its “usual course of business.” In order to avoid common pitfalls in hiring independent contractors, an employer should consider three important steps.
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Tags:
california, independent contractor, abc test, hiring, labor law
New Jersey Legalizes Marijuana, Creates New Protected Employee Class Posted on: March 31, 2021 In: Labor & Employment
As states across the country join the growing trend of decriminalizing and legalizing marijuana, the implications for employers have become more relevant than ever. New Jersey recently became the newest state to clarify the interplay between marijuana legalization and employment with the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, or NJCREAMMA.
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Tags:
new jersey, marijuana, njcreamma, protected class, employment law
It Pays to Be Penny-Wise When Paying Final Paychecks Posted on: March 29, 2021 In: Labor & Employment
A Georgia man made national news recently when his former employer paid his final paycheck with a wheelbarrow full of oil-soaked pennies. While most employers stick to more conventional methods of payment, such as checks or direct deposit, even the most careful employer can get tripped up when an employment relationship ends. The federal Fair Labor Standards Act does not require employers to pay final paychecks immediately. Therefore, the laws vary considerably across the country.
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Tags:
payroll, final paycheck, flsa, wages
Three Key Takeaways from Recent Hotel Website ADA Litigation Posted on: March 26, 2021 In: Labor & Employment
Despite the COVID-19 pandemic and its chill on the hospitality industry, ADA-related digital lawsuits increased by approximately 23% in 2020. Many of these lawsuits are filed against hotels, but the hotels are fighting back, arguing that the detail provided is sufficient and in compliance with the ADA. In February 2021, two judges agreed with the defendants, dismissing three cases with prejudice. The court made three important holdings.
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Tags:
ada, hotels, accessibility, california, compliance
Dear Employers, Read This to Avoid a Hairy Situation: Hairstyles Protected Under Colorado Anti-Discrimination Laws Posted on: March 23, 2021 In: Labor & Employment
Employers in the Centennial State should take note that Colorado has joined a growing list of states in enacting the “Creating a Respectful and Open World for Natural Hair Act of 2020,” also known as the “CROWN Act of 2020.” Under Colorado’s CROWN Act, employers may be held liable for racial discrimination based on an employee’s hair texture, hair type, or a protective hairstyle commonly or historically associated with race.
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Tags:
colorado, crown act, discrimination, hairstyle, dress code
The Equality Act: What Does It Mean For Employers? Posted on: March 19, 2021 In: Labor & Employment
On February 25, 2021, the U.S. House of Representatives passed the Equality Act (H.R. 5), which expands civil rights for LGBTQ individuals on a federal level. The bill now heads to the Senate, where a vote is anticipated in the near future. So, what exactly is the Equality Act, and what does it mean for employers? This post discusses the highlights of this projected new law.
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Tags:
equality act, lgbtq, civil rights act, discrimination, congress
Colorado’s Healthy Families and Workplaces Act: What Employers Need to Know Posted on: March 17, 2021 In: Labor & Employment, COVID-19 Response
Though the COVID-19 vaccine lurks on the horizon for the general public, the pandemic slogs on for most of the general population. As of January 1, 2021, the second of three phases of Colorado’s Healthy Families and Workplaces Act is underway, which requires employers with 16+ employees to provide paid sick leave based on hours worked. Exempt employees also receive paid sick leave depending on normal work week hours. Phase three, beginning January 1, 2022, will expand coverage to employers of any size.
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Tags:
colorado, paid leave, sick leave, family leave, covid-19
Recommendations for Navigating Personnel File & Payroll Record Requests Posted on: March 15, 2021 In: Labor & Employment
Plaintiffs’ attorneys often request an employee’s personnel file and payroll records to assess the strengths and weaknesses of their client’s case prior to filing a formal complaint. Often, they review the records to find additional violations, such as wage and hour violations. The California Labor Code provides employees the opportunity to request both their personnel file and their pay records. Failure to provide the requested documents timely can expose the employer to a penalty.
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Tags:
california, records requests, human resources, personnel files, payroll, labor law
Paid Family Leave Is Coming to Colorado - It May Not Be Long Before It Comes to Your State Posted on: March 09, 2021 In: Labor & Employment
On November 3, 2020, Colorado passed the Paid Family and Medical Leave Insurance Act. The Act will bring about a series of changes that will roll out year to year. The first occurs on January 1, 2023, when each employer must remit a payroll tax to the fund to provide for the benefits. Benefits will become available to employees beginning January 1, 2024. The Act provides Colorado employees with some coverage not seen in the similar federal program known as the Family Medical Leave Act.
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Tags:
colorado, paid leave, family leave, medical leave, fmla, payroll

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