Be Careful Before Firing an Employee for Making a Political Statement

Be Careful Before Firing an Employee for Making a Political Statement

A few weeks ago, we posted that employers could fire Neo-Nazis who participated in the Charlottesville protests.  As we noted, we were just looking at First Amendment rights and that employees may have more protections under state laws. My partner, Nancy Yaffe, has a written a thoughtful blog post on those state protections that might… Continue reading Be Careful Before Firing an Employee for Making a Political Statement

Delay of EEO Gender Pay Equality Reporting Requirements Does Not Mean a Decrease in Enforcement

Delay of EEO Gender Pay Equality Reporting Requirements Does Not Mean a Decrease in Enforcement

On Tuesday, the Office of Management and Budget notified the EEOC that it was delaying a rule finalized last year that would require large employers to report salaries of workers.  The rule was implemented to help combat gender pay inequality. The rule would require any employer who must file an EEO-1 report, which is any… Continue reading Delay of EEO Gender Pay Equality Reporting Requirements Does Not Mean a Decrease in Enforcement

In the Aftermath of Hurricane Harvey Employers Should be Aware of Laws Protecting First Responders

In the Aftermath of Hurricane Harvey Employers Should be Aware of Laws Protecting First Responders

The devastation in Texas is breathtakingly sad.  Although the storm has passed, recovery efforts continue.  For many, it will take months and years to recover. Today I received my first call from a client asking about its obligations towards an employee who will be traveling to Texas to help with the recovery efforts.  Many states… Continue reading In the Aftermath of Hurricane Harvey Employers Should be Aware of Laws Protecting First Responders

Neo-Nazis at Charlottesville Can Be Legally Fired from their Jobs · Yes

Yes, Neo-Nazis at Charlottesville Can Be Legally Fired from their Jobs

First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend.  Our hearts go out to the families and friends of Heather Heyer,  Lt. H. Jay Cullen, and Berke M.M. Bates. Second, let us address a question that is appearing on a lot of… Continue reading Yes, Neo-Nazis at Charlottesville Can Be Legally Fired from their Jobs

Governor Christie Vetoes Paid Family Leave Law

Governor Christie Vetoes Paid Family Leave Law

A couple of weeks ago we asked whether the federal government would pass a paid family leave law.  Although it is still unclear whether a federal law will pass, it is clear, for now, that there will not  be an expansion of paid family leave in New Jersey. Governor Christie vetoed legislation that would have… Continue reading Governor Christie Vetoes Paid Family Leave Law

Medical Marijuana: When a Positive Drug Test may not be Grounds to Fire an Employee

Medical Marijuana: When a Positive Drug Test may not be Grounds to Fire an Employee

In a portentous opinion, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer.  Because many states’ medical marijuana laws contain the similar language to that which the court relied on, employers outside of Massachusetts should take note. The facts… Continue reading Medical Marijuana: When a Positive Drug Test may not be Grounds to Fire an Employee

Will Paid Family Leave Become the Law of the Land?

Will Paid Family Leave Become the Law of the Land?

Included in President Trump’s 2018 budget proposal is a request for funding a paid leave program.  The program would require $19 billion from the budget and would provide that employees were entitled to 6 weeks of paid leave from work. So far, Republicans have not warmed to the idea. Yesterday, at least 100 Democrats wrote… Continue reading Will Paid Family Leave Become the Law of the Land?