The legalization of medical and recreational marijuana is leaving many employers shifting on unsteady and unfamiliar ground. Employers have rights and responsibilities; let us help you with the changes coming. The recent amendments involving the use of marijuana in Missouri and Illinois are not unique; 33 states have legalized marijuana for medical use and 11 states have legalized its recreational use, although there is still a federal ban on the substance.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
Be advised that the Department of Labor has released a proposed overtime rule for any salary exempt employees with a $35,308 salary threshold. Under the current rule, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. The proposed rule does not address the duties test for white-collar exemptions or the salary basis requirement.
EMPLOYER BEWARE: New Tax Bill Requires Full Disclosure of Sex Harassment Settlements or… Lose the Business Expense Deduction
In the Tax Cuts & Jobs Act, congress in its infinite wisdom, determined to publically shame or, alternatively, financially burden companies that settle claims of sex harassment. Under the new law, taxpayers will not be allowed to take a business deduction: For any settlement or payment related to sexual harassment or sexual abuse claims if the settlement or payment is subject to a nondisclosure/confidentiality agreement; For any attorney fees related to such a settlement or payment subject to a nondisclosure/confidentiality agreement.
We are frequently reminded that the “old” attending networking events and social dinners model of business development will soon be viewed as archaic and simply too costly. Replacing the traditional networking event and social dinner is the ever increasing and efficient use of social media. To this end, companies commonly use social media, such as Facebook or LinkedIn, to market, advertise and communicate with customers. A company’s employees also frequently will add these same customers to their own personal social media accounts as Facebook “friends” or LinkedIn “connections.”
Preventing the “Weinstein” in your Organization: Common Pitfalls in Complying With State and Federal Harassment Laws
As seemingly daily revelations surface of sex harassment allegations in the entertainment/media industry it is imperative for organizations to learn from the mistakes of others when it comes to sexual harassment in the workplace. The plethora of harassment complaints in is not a recent dilemma. In fact, there have been federal and state laws prohibiting “harassment” in the workplace for over 30 years. In this regard, on June 19, 1986, the U.S. Supreme Court ruled unanimously that sexual harassment violated federal laws against discrimination and that companies could be held liable for sexual harassment committed by supervisors — even if the company was unaware of the harassment.