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Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

by Emily Hobbs-Wright In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use. The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use […]

1099 vs. W-2: Should You Classify as ‘Independent Contractor’ or ‘Employee’?

During the hiring process, a crucial decision for an employer is whether to bring on a new individual as an employee or as a contractor. Granted, in some businesses the choice may be clear, but in others it can require more of a judgment call. This decision is not a small one—it has legal consequences […]

Are Your Workers Trained on this By-the-Numbers Approach to Excavation Safety?

It’s mid-June and construction season is well underway across the USA. That means this is a necessary time for training on excavation and trenching safety. In today’s Advisor, we get valuable training information from BLR® Legal Editor Ana Ellington. All excavations are hazardous because they are inherently unstable. If they are restricted spaces, they present […]

Heeere’s Johnny!!! Or, what horrors lurk in your building?

If you’ve seen The Shining you certainly remember the scene when Jack Nicholson’s character, now thoroughly possessed by the Overlook Hotel’s diabolical spirits, hefts an axe and chases his wife through the snowbound resort. Cornering her in a bathroom, he splinters the door and bellows, “Heeere’s Johnny!”  Scary stuff, for sure. For me, though, I […]

What Is USERRA?

USERRA is the Uniformed Services Employment and Reemployment Rights Act. In short, it creates protections for uniformed servicemembers to keep their civilian jobs during a deployment or training period. USERRA was established in 1994 and serves as a clarification and addition to the Veteran’s Reemployment Rights (VRR) Statute. The aim of USERRA is to ensure […]

Unfixing a fixed-term contract

by Eowynne Noble In a recent good-news decision, the Ontario Superior Court of Justice shed new light on how damages should be awarded if a fixed-term contract is terminated early and the termination provision is unenforceable.

Military downsizing and recruiting opportunities: What HR should know

As the nation’s military continues its downsizing phase and unemployment statistics for veterans remain significant, attention is turning to efforts intended to help veterans find jobs. Civilian employers have been focusing on ways to recruit former service members, and more than a handful of states have passed laws in recent months to allow employers to […]

WFH

Employers may be liable for transgender discrimination

by Ryan B. Frazier The legal landscape related to sexual orientation and gender identity has been shifting in recent years. The impact of same-sex marriage on employers and other topics involving homosexual employees and their partners have been featured in previous issues of this newsletter. Recent lawsuits and statements by key governmental officials have now […]