Millions of small businesses have been awaiting further guidance on the Family First Coronavirus Response Act (“FFCRA”), which applies to private businesses with fewer than 500 employees. On April 6, 2020, the U.S. Department of Labor published its temporary rule issuing regulations pursuant to the FFCRA.  This article will discuss the U.S. Department of Labor’s

The Fair Labor Standards Act (“FLSA”) defines certain employees as exempt and others as nonexempt.  Nonexempt employees are generally entitled to receive overtime pay at a rate of at least one and one-half times the employee’s regular rate of pay.  Overtime is often easy to calculate on straight weekly earnings, but what happens when employees

Recently, Quest Diagnostics, a company offering drug-testing services to employers, issued a report highlighting year-over-year double-digit increases in positive urine tests for marijuana between 2015–2017 in almost one-third of all U.S. industry sectors.  The company has catalogued over thirty years of national workplace drug positivity trends, and it reports significant increased positive tests both in

Cannabis remains illegal under federal law as a Schedule I drug, leaving states to craft their own marijuana-related laws in true patchwork fashion.  By now, most states have enacted at least some form of medical marijuana law.  State officials increasingly understand the benefits of medical marijuana for patients who have qualifying medical conditions.  But acceptance

If you’re an employer with questions regarding employee marijuana use, you’re not alone.  State and local governments are increasingly paving the way for cannabis use at what is generally viewed as a rapid pace. In addition to states where legislatures are acting independently to pass cannabis-related laws, in every election cycle, more marijuana-related issues find