July 2008

Effective August 25, 2008, the Department of Transportation will require transportation workers who previously tested positive for prohibited drugs to give urine specimens while being watched by specimen collectors.  The new regulations will apply to workers in safety-sensitive positions in the aviation, motor carrier, rail, transit, maritime, and pipeline industries.

Under current regulations, only workers suspected

You have an employee who is using the breakroom as his bully pulpit, discussing his political views with his coworkers.  Some coworkers complain to you that they don’t want to hear it, so you call the employee in to your office and tell him to keep his views and opinions to himself.  A no-brainer, right? 

Effective today, July 24, the Federal Minimum Wage increases to $6.55 hour.  This is the second of three increases provided for by the enactment of the Fair Minimum Wage Act of 2007.  A third minimum wage increase to $7.25 per hour becomes effective on July 24, 2009.

This increase does not affect most Western states,

By now, we’ve all read about the Supreme Court decision holding that the Second Amendment guarantees a private right to possess firearms.  But here’s an interesting trend in firearms law that directly impacts employers:  several states have passed or are considering laws preventing employers from prohibiting employees from keeping firearms in their cars on company

Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages.  What if an employee misses work because of emotional distress that is caused by a wrongful denial of FMLA leave?  The Ninth Circuit Court of Appeals recently ruled that such damages are a form of lost wages and therefore may be recovered under FMLA. 
Continue Reading Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave