On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking and enforcement power when it issued its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment

If you are worried that, between the opioid epidemic and the expansion of medical and recreational marijuana laws, your employees will increasingly be coming to work under the influence, you are not alone. I’ve spoken on several panels lately where medical marijuana is a topic of discussion.  We also recently blogged on the issue

Leave laws continue to be one of many jurisdictions’ top legislative priorities.

If you are going to be in Chicago next week, maybe I can help you understand your obligations under various leave laws.

I’m speaking at MAPI’s Benefits & Compensation in Manufacturing Conference on paid leave laws. Join me and other industry experts April

Often times when I am speaking to a client about an employee’s requested accommodation for a disability, we are talking about leave as that is often the request most difficult to accommodate.  Another one that gives employers fits is “light duty.”  But what about some other types of accommodations?

A recent Pennsylvania case reminds employers

With the prevalence of medical marijuana laws in this country, I routinely get asked by employers what are the rules where an employee has a medical marijuana card?  Can I still do pre-employment screening?  What if they are using at work?  Do I have to accommodate medical marijuana in the workplace?

Get the answers to

Unless you’ve been living under a rock in New Jersey, you likely know that paid sick leave will be the law of the land for all New Jersey employers beginning on October 29, 2018.  We recently issued an update on the law and included a link to the draft poster that has been issued by

In our July 24, 2018 post, we reminded employers that mandatory harassment training was going to be required of all employers in New York. Since that post, the State has issued model training materials that can be found here.

Employers are obligated to provide annual “interactive” sexual harassment training for employees.  New hires

Yesterday,  I spent a large part of my day talking about harassment training.  Between completing a pitch for new work and scheduling training for existing clients, the questions I faced most were the following:

  1. Where is training required?
  2. How often should an employer do training?
  3. Where training is required, does the training have to be

Ok, dear readers, I feel that I have been neglecting you.  I was swamped with preparing for a trial right before my well-deserved vacation to France and Spain.  I know, excuses, excuses.

I came back from vacation feeling refreshed.

I mean who would not be refreshed with views like this: