Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that Voters Legalize Marijuana, Employers Ask Questionstwo-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both recreational and medical purposes. This is a sharp contrast to Gallup’s first poll on the issue in

Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant EmployeesThere is a new law for Tennessee employers. As of October 1, 2020, those of you with employees in Tennessee must reasonably accommodate pregnant employees under the state’s new “Pregnant Workers Fairness Act” or else face potential civil liability.

New Obligations and Cause of Action

Under the act, which applies to employers with 15

Sweatpants in the Workplace? Dress Code Considerations When Returning to the Office During a PandemicMonths of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for sweatpants and their heels for flip-flops. As offices see more and more employees return to

Mandate to Vaccinate? Employers and Required Flu ShotsThis year has presented many challenges, including a global health pandemic, wildfires, hurricanes, and social justice unrest, and yet we now face a fast approaching influenza season that is sure to bring on more coughs, sneezes and hiccups. In light of the ongoing health crisis and resulting disruption caused by the COVID-19 pandemic, employers may

Opioid Guidance, Lactation Breaks, and Liability Shields: Recent Employment News You Might Have MissedIn case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle.

EEOC Issues Opioid Accommodation Guidance

While employers have (rightfully) spent recent months navigating the COVID-19 pandemic, another epidemic has quietly continued. Opioid use in the United

More Back to Work Thoughts: DOL Provides Tips on Accommodations Due to COVID-19As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities. The Job Accommodation Network (JAN), a free service provided by the DOL’s Office of Disability Employment Policy, published several strategies

That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues. You can add one more to the list: Can you have your employees ask a customer who refuses to wear a mask because of a claimed disability to leave?

Under the Americans with Disabilities Act (ADA), a place of public accommodation –

Consider the Circumstances: What to Expecting When You’re Expecting Employees to Return to Work and They RefuseAs states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you quickly pivoted to remote work to comply with stay-at-home orders, you are now reverse-engineering solutions to a new problem:

Yes, We Think We’re Open… Getting your Employees Back to Work During and After the COVID-19 Pandemic (Part I)One of the hardest things about the COVID-19 crisis is that nobody is sure about when things will open back up and life can go back to “normal.” If you’re an employer, this likely means you have more questions than answers about how to move forward. What if an employee refuses to come back to