A majority of employers will continue to pay hourly workers who test positive for COVID-19 (72%), whose workplace experiences a mandated closure (54%), or who have a cold or flu-like symptoms and voluntarily stay home (51%), according to a survey of 805 companies by Willis Towers Watson. However,…
2021 California Covid-19 Guide: What to Do if Employees Test Positive
Keeping in mind that Covid-19-related legislation likely will evolve, as of mid-February 2021, California companies should provide a workers’ compensation claim form to employees who test positive for Covid-19 and alert their workers’ compensation carrier. Companies also should notify co-workers…
Pennsylvania Medical Marijuana Act Did Not Protect Employee Who Was Terminated for Positive Marijuana Test Result
A federal court in Pennsylvania granted an employer’s motion for summary judgment dismissing a former employee’s Pennsylvania Medical Marijuana Act claim because he could not show that his termination was premised solely on his status as a certified user of medical marijuana. In Matthew…
Wage and Hour Update: First Circuit Introduces ‘Relational Analysis’ Test for FLSA Administrative Exemption
In Walsh v. Unitil Service Corp., the U.S. Court of Appeals for the First Circuit held that the proper test for determining whether a worker is an “administrative” employee is a “relational analysis” between an employee’s job duties and the employer’s business purpose. The second prong of…
Supreme Court Holds That Highly Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test
The U.S. Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement. In Helix Energy Solutions Group Inc. v. Hewitt, the Supreme Court considered whether a day-rate employee…
Can Georgia Employers Still Drug Test?
Under Georgia’s medical marijuana law, patients with specific health conditions can use low-tetrahydrocannabinol oil-based products that may contain up to 5% THC, while over-the-counter cannabidiol oil is limited to a maximum of 0.3% THC. However, state law does not restrict the methods or means…
Second Circuit Clarifies the Test for Disparate Treatment Discrimination
In Bart v. Golub Corp., the U.S. Court of Appeals for the Second Circuit clarified the test for disparate treatment discrimination under Title VII of the Civil Rights Act of 1964 and has made it easier for plaintiffs to establish such claims. Under the McDonnell Douglas…
Workforce Drug Test Cheating Surged in 2023
The percentage of employees in the general U.S. workforce whose drug test showed signs of tampering increased by more than six-fold in 2023 versus the prior year, the highest rate ever in more than 30 years of annual reporting, according to an analysis of nearly 9.8 million workforce drug tests by…
How Can Employers Fill Open Jobs? By Knowing What Matters Most to Today’s Job Seekers
More than half (54%) of respondents said it has been “difficult” or “extremely difficult” to find a job that fits their preferences, according to a survey of more than 700 job seekers and more than 500 hiring manager by PeopleReady, a TrueBlue company. When asked what they hope to gain from their…
ASA Awards Season Is OpenโEarn Recognition and Differentiate Your Firm
ASA is now accepting submissions for National Staffing Employee of the Year and ASA Elevate Awards. The National Staffing Employee of the Year program celebrates temporary and contract employees who are outstanding performers and exemplify the promise of staffing employment. Finalists, called โAll-Stars,โ are also recognizedโif meritedโin five industry sectors: health care; industrial; officeโclerical and…
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