Compliance Stuff

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. NLRB Regains a Quorum, but Few Quick Changes Expected On December 18, 2025, the U.S. Senate confirmed three nominees to the National Labor Relations Board. The nominees included James Murphy, who will now serve as Board chair, Scott Mayer, who will serve as a Board member, and Crystal Carey, who will serve as general counsel. Carey’s confirmation gives the Board a leader to oversee enforcement. And Murphy’s and Mayer’s confirmations restore the Board’s statutory quorum, allowing it to resume (more or less) normal operations. Read Littler’s analysis  here . Congress Considers Laws to Strengthen Union-Member Rights The House Subcommittee on Health, Employment, Labor, and Pensions held a  hearing  titled, “Ensuring Union Leaders Represent Members, Not Agendas,” to consider a  package  of bills to better protec...

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. The court granted summary judgment in favor of the former employee, whom the employer had placed on unpaid administrative leave after he tested positive for marijuana during a random drug screening. Quick Hits A Florida state court ruled that employers must accommodate off-site medical marijuana use, granting summary judgment in favor of a former employee who had been placed on unpaid administrative leave after testing positive for marijuana. Although the use of marijuana is still prohibited under federal law, t he employee, an emergency medical technician, was licensed by the state of Florida, and his CBA allowed employees to report the use of prescription medications authorized under both federal  or state  law upon testing positive on a drug test. Background Angelo Giambrone was...

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. NEED A DRINK? This is the first of a two-part post. Today, I'll share with you five "fun" facts about drugs and alcohol in the workplace. Next week, I'll post about how employers can or should put it all together. Fun Fact No. 1: It's ok to ban illegal drugs.  In the immortal words of  South Park 's Mr. Mackey, "Drugs are bad. Don't use drugs, m'kay?"* *I could not provide a link because everything I found was Not Suitable for Work. Over the long weekend, you can do a search on your personal device.  :-) Employers can generally test employees "without cause" for illegal drugs. In other words, they can do random, universal, or post-offer testing. If you are in a state where marijuana is still illegal and if you're a private sector employer, y...