In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana metabolites but you find out later it was a positive for CBD oil (a legal substance)? Does federal

Employees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance LaterWe’ve talked about social media policies several times over the years, but it’s been a while since we’ve discussed monitoring your employees’ work phones, emails, and internet usage. As you most likely know, you can and probably should monitor employees’ work phones, emails, and internet usage. You never know when someone outside the business will

Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against EmployersDoes your company use fingerprinting or some facial recognition scanner as part of its clock-in, clock-out process? If your company has facilities or even some contacts with Illinois (and maybe other states in the future) you should pay heed to Illinois’s Biometric Information Privacy Act (BIPA) that is the subject of a new class action

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About ItDo you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace. In times of contention, stress, and uncertainty, speech often multiplies, and, in an era where someone’s speech

The Doctor Will See You Now via Telemedicine and It May Qualify as Treatment under the FMLAAs you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical field. An increase in the use of videoconferences to treat patients (aka telemedicine or telehealth) and efforts to

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed ReemploymentHow long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and Reemployment Act (USERRA) says employers must reinstate an employee returning from military leave and if, as in

Political Speech, Conduct & Activity in the Workplace Amid A Social Justice MovementTraditionally, it has been taboo to discuss religion, politics, or divisive matters of public concern in the workplace. Most employers want the worksite to be about work and want to avoid controversial and potentially offensive discourse. However, in the current political climate, amid a global health pandemic, and the movement for social justice gaining unprecedented

Whistleblower Activity Drives False Claims Act Suits in 2019Companies that work with the federal government (think government contracts, grant funding, and Medicare and Medicaid reimbursements) need to stay up to date on the federal False Claims Act (FCA). Employee whistleblowers continue to use the FCA as one of their prime tools to bring actions against their employers. In 2019, whistleblowers filed 636 new