Weed and the Workplace

November 14, 2019 |

Thirty three states and DC have legalized marijuana use in some form (map here). Yet on the federal level, marijuana is a banned Class I substance. Legal in many states, illegal under federal law. This conflict is making workplaces feel dazed and confused. Let’s get into the weeds a bit. What you can do: Employers […]

English Only Workplace Rule: No Esta Bien

November 12, 2019 |

An employer who insisted on a broad, English only workplace rule will pay over $2.6 million to a group of aggrieved workers.  The EEOC is not a fan of these rules and the facts of this case did not help: Banning any Spanish spoken on site and calling Spanish a foul language. The supervisor also […]

Profanity on the Job Examined

November 7, 2019 |

The National Labor Relations Board recently asked for briefs to consider a thorny issue:  are profanity and slurs protected speech under the NLRA? Historically the NLRB has allowed very saucy language by workers as part of their protected activity rights under Section 7. While more states and case law address workplace bullying and hostility, the […]

McDonald’s: Not Everyone is Lovin’ It

November 5, 2019 |

McDonald’s has been under pressure to beef up its anti-harassment policies and create a better work environment. In September, dozens of local officials from 31 states wrote an open letter demanding an end to harassment and employees staged walk outs. McDonald’s has launched a large scale sexual harassment program, including an anonymous hotline.  Now McDonald’s […]

So Vote Already! Employer Requirements for Voting Leave

October 31, 2019 |

Election day is November 5th and only 27% of voters will participate. Elections that are off cycle with presidential ones have turnout that low.  Why that occurs is subject to debate but employment laws  favor voting. As our clients know, disciplining or firing an employee solely for taking time off work to vote is not […]

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