Blog
Labor & Employment Blog Posts From April 2021
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Blog: When Absence Makes the Boss Grow Madder: What to Do With Employees Whose Medical Leave Never Seems to End
Date: April 22, 2021
Title: When Absence Makes the Boss Grow Madder: What to Do With Employees Whose Medical Leave Never Seems to End
Summary: 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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Blog: Florida Governor Signs COVID-19 Liability Shield
Date: April 20, 2021
Title: Florida Governor Signs COVID-19 Liability Shield
Summary: 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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Blog: New York Joins Growing Trend of Marijuana Legalization, Welcomes New Protected Class
Date: April 16, 2021
Title: New York Joins Growing Trend of Marijuana Legalization, Welcomes New Protected Class
Summary: 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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Blog: California Employers Beware: 3 Things to Consider When Hiring Independent Contractors
Date: April 08, 2021
Title: California Employers Beware: 3 Things to Consider When Hiring Independent Contractors
Summary: 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....