On September 14, 2018, the National Labor Relations Board (NLRB) announced in the Federal Register a proposed rule to return its joint-employer standard to its 1984 standard — a standard that stood until 2017. It’s returning to the days of Footloose dancing, Sixteen Candles high school sweethearts, Karate Kid champions, and the principle that a joint-employer of another’s employees applies only if: The employer possesses…

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Are you an employer that offers or provides group health coverage to your workers? Does your health plan cover outpatient prescription drugs — either as a medical claim or through a card system? If so, be sure to distribute your plan’s Medicare Part D notice before October 15. Purpose Medicare began offering “Part D” plans — optional prescription drug benefit plans sold by private insurance…

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Question: Is medical marijuana use protected by the Americans with Disabilities Act (ADA)? If so, what accommodations would be considered reasonable? Answer: You are not required to accommodate medical marijuana use under the Americans with Disabilities Act (ADA). Even though medical marijuana is legal in many states, under the federal Controlled Substances Act (CSA), marijuana is still illegal. The ADA expressly excludes people who use…

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  Incidences of workplace violence are becoming more common and are all over the news. It’s not just high-profile headline cases that are a concern—it’s happening on a smaller scale in all kinds of businesses. Threats to workplaces can take many forms, from cyberbullying and workplace harassment to physical altercations and targeted violence. The Occupational Safety and Health Administration (OSHA) estimates that every year nearly…

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More and more, we are learning that scientists, marketers, programmers, and other kinds of knowledge workers lead office lives very similar to famous innovators like Watson, Crick, and Franklin, who discovered the structure of DNA. How so? All of these people live work lives structured around progress in meaningful work. And when this progress occurs, it boosts emotions, perceptions, and productivity. This could be an important…

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Workplace rules are back, baby! Peter Robb, General Counsel for the National Labor Relations Board (and my new hero), issued a memorandum on Wednesday that employers should love. Mr. Robb has declared that nine standard employer policies will now be presumed lawful under the National Labor Relations Act. The memorandum was based on the Board’s decision in The Boeing Company, issued in December 2017. Before Boeing, the NLRB under the Obama Administration…

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