Although the timetable allowing businesses to reopen is different in every state, most businesses are starting to plan for the inevitable day when employees will be allowed to return to the workplace and resume business operations at least in some form. In Iowa, the Governor’s April 27 proclamation loosened restrictions in 77 Iowa counties. Although
New Jersey Court Rules Employee Fired for Using Medical Marijuana May Sue for Disability Discrimination; What Does this Mean for Iowa Employers?
Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019. The Wild opinion is the most recent case addressing the rights of employees who use medical marijuana. Although the Court was addressing the question under New Jersey law, an Iowa court
Iowa Legislature Toughens Drug Testing Law, But Legal Risks for Employers Remain
In the last two sessions, the Iowa legislature has amended Iowa’s private sector drug testing law to give employers additional tools to combat employee substance abuse. In last year’s session, the legislature amended the law to allow employers to use hair follicle testing for pre-employment drug screens. Prior to the amendment, the law allowed only testing using urine, blood, or oral fluid.
In the 2018 session, the legislature again amended the law to lower the threshold at which an employer may take action based upon an employee’s positive alcohol test. Effective July 1, an employer may take action if the employee has a blood alcohol concentration of at least .02% . The existing standard is .04%.Continue Reading Iowa Legislature Toughens Drug Testing Law, But Legal Risks for Employers Remain
Facebook Firings and Social Media A Top Priority for NLRB Enforcement
Last August the National Labor Relations Board Acting General Counsel issued a report detailing the outcome of investigations into 14 cases involving employee use of social media and social media policies.
A second report issued January 24 on the same subject underscores that social media remains a top NLRB enforcement priority. In the preface
E-mail as Evidence Isn’t Everything
One of the biggest worries of lawyers defending against employee lawsuits is the stray statement in an e-mail that can be blown up or taken out of context. We are constantly warning clients that, before they click "send", they should think about how an e-mail will look to a jury.
However, the recent acquittal of
Social Networking and Background Checks
A post in today’s HR Daily Advisor poses the question whether an employer is better or worse off using internet social networking sites as a means of performing background checks on prospective employees. On one hand, the internet is an inexpensive and easy way of getting information about a person’s background and character. Given the risks
LinkedIn and Lawsuits–Should You Be Concerned?
There is an interesting debate occurring in the legal blogosphere concerning LinkedIn, a popular business social networking site. It started with an article a couple of weeks ago in the National Law Journal, where management side lawyers were quoted giving warnings about the dangers of using LinkedIn to provide recommendations to current or
Text Harassment?
The National Law Journal reports today that text messages 
are becoming a growing liability concern for employers. Offensive and inappropriate texts are increasingly being used as evidence in sexual harassment cases. According to the article, the main culprit is male bosses sending scandalous messages to female subordinates asking them on dates or making promises
Mid-Summer Employment Law Update
Between a busy trial schedule and the other distractions of summer, we have been a little 
delinquent in keeping you up to date during the past couple of weeks. We apologize for the inactivity on the blog, as there have been many developments in the employment law world since our last posting at the end
Are Social Networking Sites Private?
Chances are your employees have sites on Facebook, MySpace, or some other online social networking site. It is not uncommon for these employees to post statements or photographs on those sites that are derogatory of their boss, their workplace, or their colleagues. Sometimes people post statements or explicit photographs that embarrass themselves, and by extension, you, as