How We Think

Drug Screening in 2021: Should You?

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Under federal law, marijuana use remains illegal, but states have rapidly legalized both medical and recreational use of the drug in recent years. As of January 2021, the majority of the United States has legalized or decriminalized the use of marijuana at the state level. This fast-paced legalization has made policies surrounding employment drug screenings a bit more challenging to navigate. Employers are left asking if they should do drug screenings if it’s fair and cost-effective, and if so how to proceed without excluding potential candidates who use the substance responsibly. Many local and state governments have begun enacting legislation…

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Can You Require Your Employees to Return to Work?

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In short, yes. Provided your local area is not under a shelter-in-place order, employers can legally require employees to return to in-person work in most situations. That said, the EEOC advises caution to employers hoping to have all employees return sooner rather than later. While federal guidelines may allow employers to require in-person work, particularly if your employees are considered essential workers, the ADA and other protective legislation at the local, state, and federal levels still apply. Before requiring employees to return to work it is important to understand all legislation that applies to ensure your organization remains compliant. Know…

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Should You Reimburse for Office Expenses?

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Last year, businesses across the country were forced to quickly move to remote work, doing their best to stop the spread of COVID-19. Employees who had never worked remotely found themselves in need of a home workspace, equipment, supplies, etc.: the necessities to successfully work from home. With more employees than ever working remotely, employers are asking if they should reimburse employees for remote working expenses. Federal law dictates that employers must reimburse employees for anything that puts them below minimum wage. This federal law provides a low bar for employers; state and local laws often stipulate stricter reimbursement requirements….

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FMLA: Compliance and Education

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The Family Medical Leave Act (FMLA) provides employees access to up to twelve weeks of unpaid, job-protected leave. Employees can use this leave in cases of serious health conditions for themselves, their spouse or children, adoption/foster care placement, the birth of a child, or for any qualifying exigency that could arise out of a child, spouse, or parent’s active-duty military service. While you may generally understand what FMLA is and how employees can use it, the key to successful compliance is in the education you provide to our employees and how the policy is implemented to ensure FMLA is correctly…

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