Last November, Florida voters approved an initiative to legalize the use of medical marijuana. On June 23, 2017, Governor Rick Scott signed SB 8-A into law.
As of June 23, 2017, medical marijuana use has been legalized in Florida to treat specific qualifying conditions, such as cancer, epilepsy, glaucoma, or PTSD, among others. The bill contains additional provisions directing how medical marijuana may be used and obtained; for example, smoking of medical marijuana is prohibited, whereas consumption of marijuana, vaping, or use of oils, sprays, or tinctures is permitted.
Importantly, the bill also includes employer-friendly provisions that allow businesses to still enforce a drug-free workplace, such as:
- Employers may establish, or continue to enforce, a drug-free workplace program or policy;
- Employers are not required to permit use of medical marijuana at the place of employment;
- Employers are not required to accommodate the use of medical marijuana in the workplace, or to accommodate any employee working under the influence of marijuana;
- Medical marijuana is not reimbursable under the Florida Workers’ Compensation law; and
- SB 8-A does not create any cause of action against employers for wrongful discharge or discrimination related to use of medical marijuana.
Employers with and without policies addressing substance abuse may are recommended to specifically address the organization’s position on medical marijuana use.
West Virginia: New Civil Air Patrol Leave, Anti-Discrimination Provisions
/in HR AlertsAPPLIES TO
All Employers with 15+ WV Employees
EFFECTIVE
July 1, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Originally passed in April, Senate Bill 280—which implements an unpaid Civil Air Patrol Leave, among other new protections for members of the Patrol—went into effect as of July 1, 2017. Employers should take note of the bill’s new leave and anti-discrimination provisions, and incorporate requirements into workplace policies and procedures accordingly.
September Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
U.S. DOL Announces Intent to Repeal Rule Restricting an Employer’s Use of Tips Where No Tip Credit is Taken
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
July 20, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On July 20, 2017, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) announced its intention to repeal a 2011 rule stating that customer tips are always the property of an employee, regardless of whether or not the employer takes a tip credit, and that employers were prohibited from using tip pooling to subsidize the hourly wages of untipped employees. Further, a DOL spokesperson reportedly told Bloomberg BNA that DOL investigators are forbidden from enforcing the 2011 regulation ahead of the proposed rule. Once the rule is rescinded, employers who do not apply a tip credit against a tipped employees’ wages will be able to keep or distribute gratuities in any way the employer sees fit.
Second Circuit: Court of Appeals Further Defines Who is Subject to the “Ministerial Exception”
/in HR AlertsAPPLIES TO
All Employers with CT, NY, or VT Employees in Religious Organizations
EFFECTIVE
June 30, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Fratello v. Archdiocese of New York, the Second Circuit Court of Appeals provided important guidance on determining whether or not an employee may be classified under the “ministerial exception.” The “exception” precludes employees who may be classified as a “minister” from making employment discrimination claims against the religious entities that employ them. A “minister” is determined by evaluating, among other things, the employee’s formal title, the substance reflected in the title, the employee’s use of the title, and the important religious functions performed.
Eighth Circuit: Appeals Court Clarifies When Employees Forfeit NLRA Protections Based on Disloyal and Disparaging Activities
/in HR AlertsAPPLIES TO
All Employers with AR, IA, MN, MO, NE, ND, SD Employees
EFFECTIVE
July 3, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In MikLin Enterprises, Inc., v. NLRB, the Eighth Circuit Court of Appeal reversed, in part, a National Labor Relations Board (“NLRB”) ruling, stating that certain employee activity was disloyal, reckless, and maliciously untrue, losing union-related protection under the National Labor Relations Act (“NLRA”).
Ninth Circuit: An Employer’s Attorney is Subject to FLSA Anti-Retaliation Rules
/in HR AlertsAPPLIES TO
All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR and WA Employees
EFFECTIVE
June 22, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Arias v. Raimondo, the U.S. Court of Appeals for the Ninth Circuit stated that the anti-retaliation provisions of the Fair Labor Standards Act (“FLSA”) apply not only to employers, but to “any person,” including an employer’s attorney.
Tenth Circuit: Employers Who Take Tip Credits May Keep Customer Gratuities
/in HR AlertsAPPLIES TO
All Employers with CO, KA, NM, OK, UT, and WY Employees
EFFECTIVE
July 3, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Marlow v. New Food Guy, the Tenth Circuit stated that employers of tipped employees may keep customer gratuities, as long as the employee is already paid the required minimum wage. An employer’s retention of tips under this circumstance does not violate the tip credit provision of the Fair Labor Standards Act (“FLSA”).
San Francisco, CA: New Ordinance Regarding Breastfeeding; Salary History Inquiries Prohibited
/in HR AlertsAPPLIES TO
All Employers with San Francisco, CA Employees
EFFECTIVE
January 1 and July 1, 2018, respectively
QUESTIONS?
Contact HR On-Call
(888) 378-2456
San Francisco employers should be aware of two new ordinances that impact workplace practices. The Lactation in the Workplace Ordinance and the Parity in Pay Ordinance impose new obligations on employers and their managing staff. Key provisions of each ordinance are described below.
Connecticut: Greater Protections for Pregnant Employees
/in HR AlertsAPPLIES TO
All Employers with CT Employees
EFFECTIVE
October 1, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On July 6, 2017, Governor Dannel Malloy signed a new law that significantly increases existing anti-discrimination protections for pregnant workers. “An Act Concerning Pregnant Women in the Workplace” (the “Act”) goes into effect October 1, 2017. The Act amends the Connecticut Fair Employment Practices Act (“CFEPA”) to add new anti-discrimination protections, provide definitions for “pregnancy,” “reasonable accommodation,” and “undue hardship,” and require employers to notify employees of their rights.
Florida: Medical Marijuana Now Legalized
/in HR AlertsAPPLIES TO
All Employers with FL Employees
EFFECTIVE
June 23, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Last November, Florida voters approved an initiative to legalize the use of medical marijuana. On June 23, 2017, Governor Rick Scott signed SB 8-A into law.
As of June 23, 2017, medical marijuana use has been legalized in Florida to treat specific qualifying conditions, such as cancer, epilepsy, glaucoma, or PTSD, among others. The bill contains additional provisions directing how medical marijuana may be used and obtained; for example, smoking of medical marijuana is prohibited, whereas consumption of marijuana, vaping, or use of oils, sprays, or tinctures is permitted.
Importantly, the bill also includes employer-friendly provisions that allow businesses to still enforce a drug-free workplace, such as:
Employers with and without policies addressing substance abuse may are recommended to specifically address the organization’s position on medical marijuana use.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
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