Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t … [Read more...] about How to create a legally sound substance abuse policy
Managing staff
The workplace in 2020: political talk, COVID-19 violence, executive order
By Mike O’Brien bio Don’t forget labor relations rules when employees talk politics at work During this contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers … [Read more...] about The workplace in 2020: political talk, COVID-19 violence, executive order
Contractors, COVID and stereotyping on HR radar
By Mike O'Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, … [Read more...] about Contractors, COVID and stereotyping on HR radar
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment
New COVID-19 guidance for you from EEOC
By Mike O’Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure … [Read more...] about New COVID-19 guidance for you from EEOC
5 questions on the virus and your law office
By Lynne Curry bio 1 Pushback from employees who choose to stay on unemployment Question: We didn’t expect the pushback we got from two of our furloughed employees when we called them back to work, particularly as we allow employees to work from home part of the workweek if their work can be accomplished remotely. One ignored two “return to work” emails but responded to a … [Read more...] about 5 questions on the virus and your law office
Now is the time to train for technology
By Doug Striker bio I think it’s safe to say that the legal industry is not the most “agile” profession in the marketplace. The law actually breeds the opposite of agility. We tend to reward slow processes, long research endeavors, decisions-by-committee, slow turning of the ship to accommodate changes. So, it is no surprise that the rapid changes demanded by COVID-19 … [Read more...] about Now is the time to train for technology
Telecommuter home office hazard assessment & inspection checklist
While not an OSHA obligation, it’s highly advisable to take measures to protect the health and safety of telecommuting office employees who work from home. How? By having employees seeking approval to telecommute designate a room or area as their home workspace and arranging for somebody to perform a hazard assessment inspection to verify that the workspace is safe, healthy and … [Read more...] about Telecommuter home office hazard assessment & inspection checklist
Model mandatory face mask policy
More than 20 states have enacted laws requiring the use of face masks or coverings in indoor public places. Here’s a Model Policy incorporating current legal requirements and public health guidance that you can adapt for your own lab. … [Read more...] about Model mandatory face mask policy
Can my employer fire me for going to a bar or do I have any freedom? Left?
Question: My employer sent a two-part email to every employee last week. “As you know we’ve had a local spike in COVID-19 infections. The health department has provided a list of the establishments, primarily bars, where COVID-19 individuals spent extended time. The health department asks that anyone who was in these businesses during these times monitor themselves for … [Read more...] about Can my employer fire me for going to a bar or do I have any freedom? Left?










