Articles

Wilson & Oxyer: With CBD legal, is THC in the workplace A-OK?

As the legality of hemp, CBD oil, marijuana and other substances containing THC continues to change, questions arise relating to an employer’s options when THC is detected on a drug screen and whether an employer must accommodate the use of legal THC-containing substances.

Read More

Despite ‘not good law’ dissent, COA affirms ruling against fired worker

A former hospital police officer who wrongly believed he had been subpoenaed to testify at an unemployment hearing and was subsequently fired has lost his appeal of a judgment in favor of his former boss, with a majority of the Indiana Court of Appeals finding the officer could not overcome the at-will employment doctrine. But a dissenting judge said the majority’s ruling is “not good law.”

Read More

Austin: Employer handbook guidance after Boeing decision

For most of the 2000s, the National Labor Relations Board(NLRB) reviewed facially neutral work rules under an employee-friendly standard, leaving companies worried that employees could construe neutral rules to interfere with protected activities under Section 7 of the National Labor Relations Act (NLRA). However, in December 2017, the NLRB overruled the employee-friendly standard and established a new balancing test in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), and created three categories of work rules.

Read More

COA to travel for three arguments next week

Three Appeals on Wheels oral arguments will be heard next week, involving wrongful termination of a hospital employee, suppression of evidence from a pat-down search and a hotel’s appeal of granted possession.

Read More

DTCI: The Sanctity of the Hoosier Paycheck

Wage and labor litigation is the hot new cottage industry. With a mandatory award of attorney fees and risk for substantial defense costs, lawsuits for unpaid wages arising under state and federal law should heighten employers’ review of just what goes in, and what gets taken out of, one of the most sacred covenants of employment: the paycheck.

Read More

Supreme Court: Judges can’t rule from the grave

Federal judges can’t rule from the grave, the US Supreme Court held Monday, writing that a federal court can’t count the vote of a judge who died in a decision issued after the judge’s death. The justices said “federal judges are appointed for life, not for eternity.”

Read More