New Jersey recently joined a growing number of states and territories — including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and Washington — legalizing recreational marijuana or cannabis. New Jersey Gov. Phil Murphy enacted the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) on February 22, 2021 — legalizing the recreational use of cannabis for adults ages 21 and older — after New Jersey voters overwhelmingly passed a ballot initiative last November. The law comes with new employment protections for off-duty cannabis users that will significantly change how employers screen and conduct drug testing of job applicants and employees.
Category: Counseling & Compliance Training
COVID-19 Vaccination Planning for Employers: Questions to Consider for Policy and Practice
As COVID-19 vaccines become more widely accessible, and certain localities relax COVID-19 restrictions, employers hoping to ramp up on-site operations or reduce absenteeism face a new challenge: navigating employee vaccination. Employers are evaluating whether to mandate, strongly suggest or simply remain neutral regarding COVID-19 vaccinations and on-site work.
The considerations surrounding workplace vaccination programs are complex. Business justifications and accommodation issues, potential public relations and employee relations pitfalls, the impact of vaccination on workforce safety procedures, litigation risks on multiple fronts — these are just the beginning. To help piece together this business and regulatory puzzle, we have compiled a list of issues organizations should consider as they set policy and communication plans regarding on-site work and COVID-19 vaccines. We have also identified issues to consider with regard to the practical application of any such policy and the development of related communications to employees or others.
OFCCP Updates FY 2020 Supply & Service Pre-audit Scheduling List
Today, the Office of Federal Contract Compliance Programs (OFCCP) announced updates to its Fiscal Year (FY) 2020 Supply and Service Scheduling List by removing establishments previously selected for a focused review or compliance check. The amendment will have no impact on contractors with open or unscheduled audits. Remaining selected contractors should start reviewing their compliance efforts to reduce the risk of noncompliance findings.
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New York City Council Imposes Stricter Discipline Requirements on Fast Food Employers
In an expansion of the Fair Workweek Law, the New York City Council has passed legislation permitting quick-service restaurant employers to terminate employees only for just cause or a bona fide economic reason. These heightened requirements effectively eliminate the at-will status of industry employees and create a discipline structure similar to that bargained for by unionized workforces. With the new protections set to take effect in July, employers should begin drafting and implementing policies to comply with the new laws as soon as practicable.
Minnesota Supreme Court Rules That Handbook Policies Can Be Contractual Notwithstanding Disclaimer
On February 3, 2021, the Minnesota Supreme Court decided Hall v. City of Plainview, holding that a general contract disclaimer in an employee handbook did not, as a matter of law, nullify a breach of contract claim with respect to a paid time off (PTO) policy within the handbook. As the Hall Court explained, the PTO policy at issue was sufficiently detailed to create a unilateral employment contract such that the employer would be obligated to follow its terms. The decision reminds employers of the importance of careful planning and drafting when it comes to their PTO policies. In light of the Court’s holding, employers should also review their handbooks for other policies and procedures that could be construed as contracts.
President Biden Repeals Executive Order 13950 Upon Taking Office
On his first day in office, President Biden issued the “Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” overturning President Trump’s “Executive Order on Combating Race and Sex Stereotyping” (EO 13950), which had caused many contractors to postpone or cancel their diversity trainings and initiatives.
For the full alert, visit the Faegre Drinker website.