Philadelphia Area Employment Lawyers

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA

2021-04-24T09:07:00.002-04:00

Coronavirus Litigation is on the Rise

In the Payne v. Woods Services Case, the Employee Was Fired for Refusing to Break Quarantine and Return to Work

Plaintiff Anthony Payne worked as a Residential Counselor for employer defendant Woods Services Medical Practice Group. On April 1, 2020, six residents tested positive for Covid. Payne tested positive soon thereafter and was instructed by his medical provider to quarantine for 14 days. However, less than a week later, the employer instructed him to end his quarantine and return to work. Payne responded by reminding the employer of his the medical guidance he had received, and also directed the employer to guidance from the CDC. At the same time, he filed a request for Family and Medical Leave ("FMLA").

Payne did not report to work the following day, and was fired.

Positive Test for Covid Appears to be a "Serious Health Condition"

In the Payne v. Woods Services Case, the Plaintiff Sought FMLA Leave After He Tested Positive for Coronavirus - Court Implicitly Holds Positive Diagnosis a "Serious Health Condition" Under FMLA

Payne filed a suit containing a number of claims, including for interference and retaliation under FMLA. The employer sought to dismiss the FMLA claim asserting that he failed to allege that he had a "serious health condition." Judge Michael Baylson rejected defendant's argument:

Following the reasoning in Hansler, the Court finds that dismissal of Plaintiff's FMLA interference and retaliation claims at this stage would be improper. As in Hansler, Plaintiff has alleged a request for leave. Defendants did not provide an explanation of any deficiencies in Plaintiff's request, or allow an opportunity to cure any such deficiencies, as the FMLA regulations require. Plaintiff was fired the day after his request. Therefore, Plaintiff has adequately pled his claims of interference and retaliation under the FMLA, and the Motion to Dismiss will be denied with respect to Counts I and II.

Hot Button Issue - What is a "Health Care Provider?"

In the Payne v. Woods Services Case, the Court Held that Plaintiff's FFCRA Claim for Paid Sick Leave Was Valid Because a Residential Counselor at a Residential Facility is not a "Health Care Provider" Pursuant to FFCRA

Payne also brought a claim asserting that he was entitled to paid sick leave pursuant to FFCRA for the time he was out prior to being terminated. Where paid sick leave under FFCRA is concerned, there is an exemption for "Health Care Providers." The question in Payne was whether plaintiff, who was a Residential Counselor who did not provide medical care, fit that definition.

In holding that Payne was not a "Health Care Provider" within the definition established under FFCRA, Judge Baylson wrote:

The FFCRA also includes a provision which allows the Secretary of Labor to issue regulations "to exclude certain health care providers and emergency responders from the definition of employee under section 5110(1) including by allowing the employer of such health care providers and emergency responders to opt out." FFCRA § 5111. Pursuant to this portion of the law, the Department of Labor issued a Final Rule in April 2020 which defines "health care provider" for the purposes of the FFCRA as follows:

anyone employed at any doctor's office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, Employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions,

85 Fed. Reg. 19,326, 19,351 (§ 826.25) (Apr. 6, 2020) ("April Rule").

On August 3, 2020, Judge Oetken of the Southern District of New York struck down this definition in a challenge brought by the State of New York under the Administrative Procedure Act, finding that it was not consistent with the FFCRA. See New York v. United States Dep't of Labor, 477 F. Supp. 3d 1, 15 (S.D.N.Y. 2020). Thereafter, the Department of Labor revised the definition of health care provider, and the new Rule took effect on September 16, 2020. See 29 C.F.R. § 826.30 ("September Rule").

The parties dispute which definition of "health care provider" applies, and as a result, whether Plaintiff is excluded from bringing claims under the ESPLA. Defendants argue that the definition in the April Rule applies because it was in effect at the time Plaintiff was fired. They argue that Plaintiff falls within this definition and is therefore exempt from the ESPLA. In the alternative, Defendants argue that Plaintiff also meets the definition in the September Rule. Plaintiff argues that the Court must apply the definition in the FFCRA because the April Rule was invalidated, and the September Rule was not in place at the time of his firing and is not retroactive.

The Court agrees that the definition of "health care provider" in the FFCRA is the appropriate definition to apply here. Judge Oetken provided a detailed analysis of why the definition in the April Rule was "unambiguously forclose[d]" by the text of the FFCRA. New York, 477 F. Supp. 3d at 13. In doing so, the Court explained that the definition in the April Rule "hinges entirely on the identity of the employer" and "includes employees whose roles bear no nexus whatsoever to the provision of healthcare services, except the identity of their employers, and who are not even arguably necessary or relevant to the healthcare system's vitality." Id. at 14-15. The Department of Labor conceded that even "an English professor, librarian, or cafeteria manager at a university with a medical school would all be `health care providers' under the Rule." Id. at 14.

That the April Rule was in place at the time of Plaintiff's firing is irrelevant when the Rule itself was not lawfully promulgated. The Court further agrees that because the September Rule was not yet in effect at the time of Plaintiff's firing, and it does not have a retroactive application, the definition in the FFCRA itself is the one that the Court should apply. That definition includes: "(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or (B) any other person determined by the Secretary to be capable of providing health care services." 29 U.S.C. § 2611. "Any other person capable of providing health care services" includes only specific professions such as podiatrists, dentists, and nurse practitioners. 29 C.F.R. § 825.125. As a "Residential Counselor," Plaintiff does not meet this definition. He is not a "health care provider" and therefore is not exempt from the provisions of the FFCRA. The Motion to Dismiss Counts III and IV will be denied.

Open Question: Is Covid-19 an ADA Disability?

In the Payne v. Woods Services Case, the Court Found That Being Positive for Covid-19 Did Not Automatically Equate to a "Disability" Under ADA Due to the Transient Nature of the Coronavirus Illness

Plaintiff Payne brought multiple claims under the Americans With Disabilities Act, including assertions that the employer terminated him because he had a disability or because it perceived that he was disabled. Judge Baylson rejected these claims, reasoning:

In 2008, Congress amended the ADA and "expanded the statute's non-exhaustive list of `major life activities' and declared that the definition of disability shall be construed in favor of broad coverage of individuals under [the] Act, to the maximum extent permitted by the terms of [the] Act." Mills v. Temple Univ., 869 F. Supp. 2d 609, 620 (E.D. Pa. 2012) (Yohn, J.) (quotation omitted). A "record of" claim of discrimination requires a plaintiff to prove that he has a "history of, or had been misclassified as having, an impairment that substantially limited a major life activity." Eshelman v. Agere Sys., 554 F.3d 426, 437 (3d Cir. 2009) (quotation omitted).

"An individual meets the requirement of `being regarded as having such an impairment' if the individual establishes that he or she has been subjected to an action prohibited under [the ADA] because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity." 42 U.S.C. § 12102(3)(A). "To adequately plead that an employer `regarded' an employee as having a qualifying disability, the plaintiff must allege (1) that the employer believed that a wholly unimpaired plaintiff had an impairment that substantially limited at least one major life activity, or (2) that the employer believed an employee's actual impairment to limit major life activities when it in fact did not." Kurylo v. Parkhouse Nursing & Rehab. Ctr., L.P., No. 17-4, 2017 WL 1208065, at *5 (E.D. Pa. April 3, 2017) (O'Neill, J.).

The prohibition against "regarded as" discrimination does "not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less." 42 U.S.C. § 12102(3)(B). Because it is a defense, "it is the [defendant's] burden to demonstrate that the impairment would be both transitory and minor." Cook v. City of Phila., 94 F. Supp. 3d 640, 645 n.4 (E.D. Pa. 2015) (Kearney, J.). In Cook, the Court explained that it was inappropriate to grant a Motion to Dismiss when there was "nothing on the face of the complaint to indicate that [the plaintiff's] `regarded as' disability [was] `transitory and minor.'" Id.

Defendants argue that Plaintiff has not alleged that his COVID-19 diagnosis limited any major life activities, that he had a history of disability, or that he had any limitation that went beyond being transitory and minor. Plaintiff argues that when Congress amended the ADA, it made clear that the definition of disability should be interpreted broadly. Based on the expanded interpretation of disability he argues that he meets all three definitions of disability, especially at this early stage. Plaintiff argues that whether his disability is "transitory and minor" is a defense and cannot be proven on the facts alleged in the Complaint.

On this subject, Plaintiff has alleged that:

As a result of his COVID-19 diagnosis, Plaintiff was disabled within the meaning of the ADA and/or PHRA.

In the alternative, Plaintiff was perceived as disabled by the defendants and/or the defendants held perceptions of, or regarding, Plaintiff's disability and/or his continued utility as an employee.

Compl. ¶ 26-27. These allegations are "[t]hreadbare recitals of the elements of [the] cause of action and need not be accepted as true for purposes of this Motion. Ashcroft, 556 U.S. at 678. Plaintiff has not alleged any facts regarding his symptoms or impairments as a result of his COVID-19 diagnosis, and has not alleged what "major life activity" or activities he was unable to perform as a result. While Plaintiff is correct that, given the lack of details regarding his disability in the Complaint, the Court could not determine whether his diagnosis is transitory and minor, he has not sufficiently alleged facts supporting the conclusion that he was "regarded as" disabled. Plaintiff has not alleged any facts related to his employer perceiving him as disabled. If anything, the facts in the Complaint suggest that his employer did not consider him to be disabled, as they requested that he return to work. Therefore, Count VI and VII will be dismissed without prejudice.

In the Payne v. Woods Services Case, the Court Held That Seeking FMLA Leave Did Not Constitute Seeking a Reasonable Accommodation Pursuant to ADA

Payne also asserted that the employer retaliated against him by firing him after he sought a reasonable accommodation in derogation of the ADA. The court rejected that argument:

"To establish a prima facie case of retaliation under the ADA, a plaintiff must show: (1) protected employee activity; (2) adverse action by the employer either after or contemporaneous with the employee's protected activity; and (3) a causal connection between the employee's protected activity and the employer's adverse action." Krouse v. American Sterilizer Co., 126 F.3d 494, 500 (3d Cir. 1997). "[U]nlike a general ADA discrimination claim, an ADA retaliation claim does not require that the plaintiff demonstrate a disability within the meaning of the ADA, but only that the plaintiff ha[d] a reasonable, good faith belief that he was entitled to request the reasonable accommodation he requested." Sulima, 602 F.3d at 188 (quotation omitted). "Protected activity" under the ADA "includes retaliation against an employee for requesting an accommodation." Id. at 188-89.

"FMLA leave is not a reasonable accommodation." Rutt v. City of Reading, No. 13-4559, 2014 WL 5390428, at *4 (E.D. Pa. Oct. 21, 2014) (Stengel, J.). However, "the ADA can complement FMLA leave. The ADA may require employers to make reasonable accommodations to employees returning from FMLA leave." Id. at *5 (quoting 29 C.F.R. § 825.702(d)). In Rutt, the plaintiff "allege[d] that she requested a light duty assignment." Id. "According to the complaint, defendants denied her requests without engaging in the interactive process." Id. The Court found that these allegations were sufficient to allege a failure to consider a reasonable accommodation.

Defendants argue that Plaintiff has not adequately alleged protected activity because he alleges the same facts to support his FMLA and ADA claims. Plaintiff argues that Defendants "failed to engage in any interactive process as required when an employee puts an employer on notice of a medical condition that may require accommodation." Opp'n 23.

Here, Plaintiff has not alleged any facts which allow the Court to find that he made a request for a reasonable accommodation separate from his request for FMLA leave. He alleges the exact same facts in support of both claims. There is only one "request" alleged and that is to finish the remainder of his quarantine. There is nothing in his Complaint to suggest that his ADA request was a complement to his FMLA request. Plaintiff was not entitled to engage in an "iterative process" with his employer, because he did not actually request an accommodation. Therefore, Count VIII will be dismissed without prejudice. May Find Some of These Articles Worthwhile!

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2021-04-23T17:55:00.001-04:00

White Men and Women Make Up 77% of the American Workforce

The U.S. Bureau of labor Statistics issued a Report on April 16, 2021 in which it detailed the median weekly earnings of the United States workforce, breaking it down by age, race and sex. Here is an extrapolation of the age 25 and over data:

Total # of U.S. Workers 25 and Older

Total # White

Men

Total # White Women

Total # Black Men

Total # Black Women

Total # Asian Men

Total # Asian Women

Total # Hispanic Men

Total #

Hispanic

Women

102 Million

56M Men

46M Women

44M

34.7M

6.1M

6.8M

10.5M

7.2M

Who Earns the Most Money in America?

Asian Men Earn Far More Per Week Than Do White Men, Who Earn About the Same, on Average, as do Asian Women

AVG. WEEKLYEARNINGS FOR U.S. WORKFORCE OVER AGE 25 – BY SEX/RACE/ETHNICITY

Median ALL

Avg. White

Men

Avg. White Women

Avg. Black Men

Avg. Black Women

Avg. Asian Men

Avg. Asian Women

Avg. Hispanic Men

Avg.

Hispanic

Women

$1,040

$1,154 Men

$941 Women

$1,174

$951

$901

$803

$1,439

$1,162

$824

$733

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Breaking Down the American Workforce by Race and Sex

On January 21, 2021, the Bureau of Labor Statistics published Employed persons by detailed industry, sex, race, and Hispanic or Latino ethnicity (bls.gov) (this is the .pdf version). It is based upon household information from approximately 150 Million workers in the U.S., broken out by 13 Industries. Here are the basic facts (the table breaks down each Industry into many sub-classes, so take a look to learn more!)

Highest percentages highlighted, as are lowest.

Industry	Total # Workers	% Men	% Women	% White	% Black	% Asian	% Hisp./Lat.*
Agriculture	2,349,000	72.3	27.7	92.4	2.8	1.2	24.2
Mining	684,000	85.5	14.5	87.2	4.6	4.2	17.0
Construction	10,786,000	89.1	10.9	88.6	6.0	2.0	30.0
Manufacturing	14,550,000	70.5	29.5	79.7	10.3	7.0	17.3
Wholesale/Retail Trade	18,989,000	56.0	44.0	78.5	11.8	5.7	18.5
Transportation & Utilities	8,552,000	75.9	24.1	72.4	18.7	5.4	19.7
Information	2,594,000	59.5	40.5	76.1	11.5	9.7	13.1
Finance (includes Real Estate)	10,646,000	48.1	51.9	79.2	10.5	7.9	12.8
Professional/ Business	18,816,000	58.6	41.4	77.8	9.9	9.5	16.1
Education/Health	34,105,000	23.4	74.6	75.7	14.8	6.3	13.2
Leisure/Hospitality	11,480,000	49.6	50.4	75.7	12.7	6.3	24.1
Public Admin.	7,501,000	43.6	46.4	73.3	17.5	4.6	13.1
Other	6,742,000	47.4	52.6	78.5	10.3	7.7	19.7

* For BLI statistical purposes, "[p]ersons whose ethnicity is identified as Hispanic or Latino may be of any race." In a 2018 Report, BLI stated "[t]he majority of Hispanics in the labor force were White (89%), 4 percent were Black and 1 percent were Asian."

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2021-04-17T14:11:00.008-04:00

Treated the Same as Claims Under FLSA

FFCRA, EPSLA and FLSA - Here is How They Work in Covid-219 Paid Sick Leave Cases and Covid-19 Retaliation Cases?

In Toro v. ACME BARRICADES, LC, Dist. Court, (MD Florida 2021), the court laid out the statutory scheme as follows:

Under the FCCRA, the EPSLA provides, in relevant part, as follows:

(1) An Employer shall provide to each of its Employees Paid Sick Leave to the extent that Employee is unable to work due to any of the following reasons:

(i) The Employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;

(ii) The Employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;

(iii) The Employee is experiencing symptoms of COVID-19 and seeking medical diagnosis from a health care provider;

(iv) The Employee is caring for an individual who is subject to an order as described in this paragraph (a)(1)(i) or directed as described in this paragraph (a)(1)(ii);

(v) The Employee is caring for his or her Son or Daughter whose School or Place of Care has been closed for a period of time, whether by order of a State or local official or authority or at the decision of the individual School or Place of Care, or the Child Care Provider of such Son or Daughter is unavailable, for reasons related to COVID-19; or

(vi) The Employee has a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. . . .

29 C.F.R. § 826.20(a)(1). As it relates to advice of a health care provider to self-quarantine, the FFCRA provides that: "[a]n Employee may take Paid Sick Leave for the reason described in paragraph (a)(1)(ii) of this section only if:

(i) A health care provider advises the Employee to self-quarantine based on a belief that:

(A) The Employee has COVID-19;

(B) The Employee may have COVID-19; or

(ii) Following the advice of a health care provider to self-quarantine prevents the Employee from being able to work, either at the Employee's normal workplace or by Telework. An Employee who is advised to self-quarantine by a health care provider may not take Paid Sick Leave where the Employer does not have work for the Employee.

Id. § 826.20(a)(3). Under the EPSLA, a qualifying full-time employee is entitled to up to eighty (80) hours of paid sick leave. Id. § 826.21(a)(1).

The EPSLA further provides that

An Employer is prohibited from discharging, disciplining, or discriminating against any Employee because such Employee took Paid Sick Leave under the EPSLA. Likewise, an Employer is prohibited from discharging, disciplining, or discriminating against any Employee because such Employee has filed any complaint or instituted or caused to be instituted any proceeding, including an enforcement proceeding, under or related to the EPSLA, or has testified or is about to testify in any such proceeding.

Id. § 826.150(a); see also Kofler v. Sayde Steeves Cleaning Serv., Inc., No. 8:20-cv-1460-T-33AEP, 2020 WL 5016902, at *2 (M.D. Fla. Aug. 25, 2020) ("Although the FLSA and FFCRA are different statutes, retaliation for asserting rights under the FFCRA violates the FLSA.").

The EPSLA is Part of the FFCRA and Requires That Employees That Must Miss Work Due to Covid-19 Must Receive Paid Sick Leave

So, if the employee satisfies the test set forth in 29 C.F.R. § 826.20(a)(1), then the employee must be paid up to 80 hours of sick pay pursuant to 29 C.F.R. § 826.21(a)(1).

It is notable that in Toro, Magistrate Judge Hoffman determined that the plaintiff had not satisfied the test, and recommended dismissal of plaintiff's claim for unpaid sick pay. The decision is worthy of a close reading, because it seems, and the Judge agreed, that plaintiff came awfully close to complying with the requirements of § 826.20(a)(1).

The EPSLA Prohibits Retaliation Against Employees Who Seek Paid Leave Under FFRCA, and Retaliation Claims Are Prosecuted Under the FLSA

One interesting thing about FLSA is that, in addition to making an award or a prevailing plaintiff's attorneys fees mandatory, FLSA liability results in a presumptive award of double damages to the prevailing plaintiff.

So, a retaliatory discharge claim under EPSLA can have substantial value depending upon the wage loss of the plaintiff.

Many Covid Retaliation Cases Coming?

Toro v. Acme Barricades - Florida Federal Judge Tosses FFCRA Retaliation Claim Due to Failure of EPSLA Paid Leave Claim

Notably, Judge Hoffman in Toro recommended tossing the plaintiff's retaliation claim due to the the fact that the plaintiff had in her view failed to state a sick pay claim. The Judge failed to engage in any analysis as to whether the plaintiff had a reasonable belief that he was entitled to FFCRA leave and/or had satisfied the requirements of the Act. This must be viewed in light of EEOC's "About Retaliation" explanation concerning when a valid retaliation claim arises, to wit:

"Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it."

It is fair to consider whether the plaintiff in Toro should have been permitted to continue with his retaliation claim if he believed his request for Paid Sick Time was reasonable (which it seemed to be given the Judge's explanation).

Automatic to Prevailing Plaintiff

Is a Plaintiff Making a Claim for Paid Sick Leave Under FFCRA/EPSLA Entitled to Attorneys Fees?

As noted above, a claim arising out of FFCRA for retaliation is made pursuant to FLSA, and thus a prevailing plaintiff is entitled to recover attorneys fees and costs on such claims.

The question left unanswered in Toro is whether a EPSLA claim for Sick Leave Pay is also governed by FLSA.

Well, "A Rule by the Wage and Hour Division on 04/06/2020" states:

The EPSLA also provides that employers who fail to provide paid sick leave as required are considered to have failed to pay minimum wages in violation of section 6 of the FLSA, and that such employers are subject to enforcement proceedings described in sections 16 and 17 of the FLSA. 29 U.S.C. 206, 216, 217.

29 U.S.C. §216 provides for attorneys fees and costs to a prevailing plaintiff.

Double Damages for FFCRA/EPSLA Pursuant to FLSA

Is a Plaintiff Making a Claim for Paid Sick Leave Under FFCRA/EPSLA Entitled to Liquidated, Double or Punitive Damages?

The immediately above analysis suggests that is the case.

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Below is a synopsis of Paid Sick Leave (“PSL”) statutes throughout United States. It is only a summary intended as a guide, and those seeking additional information should click the links and/or consult legal counsel in your jurisdiction.

Note: Employers are always allowed to exceed municipal, state or federal law requirements.

Note: Most jurisdiction discussed below have carry over provisions; they are not discussed herein.

Primary Sources: FitSmallBusiness.com, SHRM & cited Articles, City and State Statutes/Ordinances

Arizona Paid Sick Leave Law

Arizona’s Fair Wages and Healthy Families Actrequires employers <15 employees to provide 24 hours PSL a year. Companies with 15 or more workers must provide 40 hours per annum. Part-time employees earn one hour PSL per 30 hours worked.

California Paid Sick Leave Law

California’s Healthy Workplaces, Healthy Families Act of 2014 requires ALL employers to provide 24 PSL per year.

Colorado Paid Sick Leave Law

Colorado’s Paid Sick Leave Law provides that, starting January 1, 2021, employers with 16 or more employees, and starting January 1, 2022, all employers, must provide paid sick leave to their employees, accrued at one hour of paid sick leave for every 30 hours worked, up to a maximum of 48 hours per year.

Connecticut Paid Sick Leave Law

Connecticut’s Paid Sick Leave Law requires employers with 50 or more employees provide 40 hours PSL to full-time employees. Part-time employees get PSL at the rate of one hour earned for every 40 hours worked

Maine Paid Sick Leave Law

Maine’s paid leave law provides for 8 hours PSL for each month a full-time employee works. Part-time workers get pro-rated PSL, so that an employee working 20 hours a week would accrue 4 hours PSL.

Maryland Paid Sick Leave Law

Maryland’s Healthy Working Families Act requires employers with 15 or more employees to grant sick leave at a rate of one hour PSL per 30 hours worked, with a 40 hour per annum maximum (employers with <15 employees must provide protected unpaid sick leave).

Massachusetts Paid Sick Leave Law

Massachusetts Earned Sick Time Law requires companies with 11 or more employees to provide 40 hours PSL to full-time employees. Part-time employees accrue one hour of PSL per 30 hours worked.

Michigan Paid Sick Leave Law

Michigan’s Paid Medical Leave Act governs companies with 50 or more employees, and requires 1 hour of PSL per 35 hours worked per week

Nevada Paid Sick Leave Law

Nevada’s paid sick leave covers all employers that have 50 or more employees. An employee is entitled to 0.01923 hours of paid leave for each hour of work (that is ¾ an hour PSL for a 40 hour work week), up to a maximum of 40 hours per year.

New Jersey Paid Sick Leave Law

New Jersey requires paid leave policies from all employers up irrespective of the number of employees. Employees earn at a rate of one hour PSL per 30 hours worked, with a 40 hour per annum maximum.

New Mexico Paid Sick Leave Law

New Mexico’s Healthy Workplaces Act was enacted on April 8, 2021 and will become effective on July 1, 2022. It appears the accrual rate will be 1 PSL per 30 hours worked, with an annual maximum of 64 hours.

New York Paid Sick Leave Law

The New York Paid Sick Leave Law requires PSL as follows:

Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.

Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year.

Employers with 4 or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year.

Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of protected unpaid sick leave per calendar year.

The rate of accrual is one hour per PSL (or unpaid) per 30 hours worked.

Oregon Paid Sick Leave Law

Oregon’s Sick Time Lawrequires PSL for employees of companies with 10 or more employees at a rate of one hour per PSL (or unpaid) per 30 hours worked, maximum of 40 per year. All employees of any sized company are entitled to protected unpaid sick leave.

See also: Portland PSL Ordinance

Rhode Island Paid Sick Leave Law

The Healthy and Safe Families and Workplaces Act requires employers with 18 or more employees will have to provide paid sick leave; employers with <18 workers must provide protected unpaid leave. The accrual rate is 1 hour PSL per 35 hours worked, maximum of 40 per annum. Unpaid leave accrues at the same rate.

Vermont Paid Sick Leave Law

Vermont’s Earned Sick Time Act mandates that employees working for employers with five or more employees accrue PSL at a rate of 1 hour per 52 hours worked, with a maximum of 40 hours per year.

Washington State Paid Sick Leave Law

Washington state’s Paid Sick Leave Law provides that PSL accrues at the rate of one hour for every 40 hours worked, up to maximum of 40 per year. There are exemptions for supervisors and some professionals.

Washington D.C. Paid Sick Leave Law

Washington D.C.’s Provision of Paid Leave has a tiered approach based on company size.

Employers with 100 or more employees must provide 1 hour PSL for every 37 hours worked, maximum of 56 hours per year.

Employers with 25-99 employees must provide 1 hour PSL for every 43 hours worked, maximum of 40 hours per year.

Employers with <25 employees must provide 1 hour PSL for every 87 hours worked, maximum of 24 hours per year.

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2021-04-16T15:10:00.005-04:00

PAID SICK LEAVE LAWS: THE PROVISIONS IN SOME MAJOR CITIES

The below is a synopsis of Paid Sick Leave (“PSL”) in various major cities throughout United States. It is only a summary intended as a guide, and those seeking additional information should click the links and/or consult legal counsel in your jurisdiction.

Note: Employers are always allowed to exceedmunicipal, state or federal law requirements.

Note: Most jurisdiction discussed below have carry over provisions; they are not discussed herein.

Primary Sources: FitSmallBusiness.com, SHRM& cited Articles, City and State Statutes/Ordinances

Philadelphia and Pittsburgh, Pennsylvania Paid Sick Leave Laws

Pittsburgh’s Paid Sick Days Act applies to employees who work at in the City least 35 hours a year. Employers with 15 or more employees must provide employees with at least one hour of paid sick time for every 35 hours worked, up to 40 hours per year. Employers with less than 15 employees must provide employees with at least one hour of protected unpaid sick time for every 35 hours worked, up to 24 hours per year.

Philadelphia’s Promoting Healthy Families and Workplaces Ordinance provides that all employees who work within the City for at least 40 hours in a year are entitled to sick leave. Employers with 10 or more employees must provide eligible employees up to 40 hours of PSL a year, while employers with less than 10 employees must provide protected unpaid sick time.

Montgomery County, Maryland Paid Sick Leave Law

Montgomery County is the most populous county in Maryland and includes Rockville, Germantown, Bethesda and Silver Spring (but not Baltimore). Its Earned Sick and Safe Leave Law provides that companies with <5 employees give one hour PSL per 30 hours worked (up to 32 hours per year). Those companies with 5 or more employees must provide one hour PSL per 30 hours worked (maximum of 56 hours).

Paid parental leave is included in Montgomery County’s Sick and Safe Leave law. This law allows use of PSL for the birth or adoption of a child.

New York City and Westchester County, New York Paid Sick Leave Laws

Employees who work within New York City or Westchester County for more than 80 hours in a calendar year are covered. Both NYC and Westchester County laws provide for one hour PSL for every 30 hours worked (unpaid leave accrues at the same rate).

Chicago Paid Sick Time Law

Chicago and Cook County (which includes Chicago) require PSL. We will address Chicago only here.

The City of Chicago Minimum Wage and Paid Sick Leave Ordinance covers employees who work within Chicago’s city limits and work 80 or more hours in a 120-day period. Employees accrue one hour of sick leave for every 40 hours worked, with a maximum of 40 hours PSL per annum.

Minneapolis, St. Paul, and Duluth, Minnesota Paid Sick Leave Laws

Minneapolis (Minneapolis Sick and Safe Time Ordinance)
St. Paul (St. Paul Earned Safe and Sick Time Ordinance)
Duluth (Duluth Earned Sick and Safe Time)

California Cities with Paid Sick Time Laws: Berkeley, Emeryville, San Francisco, Oakland, Los Angeles, Santa Monica, and San Diego

The above cities have mandated sick leave ordinances. Some are more generous than required under state law.

Portland Paid Sick Time Law

Oregon’s Sick Time Lawstates that employers in Portland are required to provide PSL at the levels established by state law if they have 6 or more employees.

Seattle and Tacoma, Washington Paid Sick Time Laws

In addition to the state of Washington, several cities, including Seattle and Tacoma have implemented their own sick leave laws.

Seattle requires employers with up to 249 employees to credit 1 hour of PSL per 40 hours worked; employees of larger employers accrue 1 hour of PSL per 30 hours worked.

Tacoma requires that all employers within the City provide PSL at a rate of 1 hour per 40 hours worked, with no annual maximum.

NOTE: Texas Paid Sick Leave Law

Texas does not have any law providing for paid or unpaid sick leave. The city of Dallas tied to enact a Paid Sick Leave law, but on March 31, 2021, a federal district judge ruled the law was unconstitutional.

Austinand San Antonio have similarly struggled to implement paid sick leave laws for those who work in those cities.

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2021-04-16T14:59:00.009-04:00

These 34 States Do Not Have a State Law Requiring Private Employers to Provide Paid Sick Leave to Employees

Alabama

Alaska

Arkansas

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois – Chicago and Cook County do have PSL Ordinances

Indiana

Iowa

Kansas

Kentucky

Louisiana

Minnesota – Minneapolis, St. Paul and Duluth dohave PSL Ordinances

Mississippi

Missouri

Montana

Nebraska

New Hampshire

North Carolina

North Dakota

Ohio

Oklahoma

Pennsylvania – Philadelphia and Pittsburgh dohave PSL Ordinances

South Carolina

South Dakota

Tennessee

Texas- Efforts to enact PSL Ordinances in Dallas and San Antonio have been blocked

Utah

Virginia

West Virginia

Wisconsin

Wyoming

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Is There a Federal Law That Requires That Employees Receive Vacation, be Paid Holiday or Sick Pay or be Given Break, Rest or Meal Time?

2021-04-15T17:00:00.006-04:00

Remember These?

Federal Law (The Fair Labor Standards Act) Does Not Require That Employees be Given Rest, Break or Meal Times, nor Does It Mandate Vacation or Holiday Pay

When it comes to an employer's obligation to pay employees, the standards are established under the Fair Labor Standards Act ("FLSA"). The most simple synopsis of the FLSA is that it governs minimum wage, overtime, child labor laws and equal pay irrespective of gender.

When it comes to federal laws relating to compensation of employees, the FLSA is by and large the only law of significant consequence. And it does NOT require employers to provide vacation/holiday leave or pay, break times or meal times.

Siestas! Not Required....

This, from Handy Reference Guide to the Fair Labor Standards Act | U.S. Department of Labor (dol.gov)

While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices which the FLSA does not regulate.

For example, the FLSA does not require:

1. vacation, holiday, severance, or sick pay;

2. meal or rest periods, holidays off, or vacations;

3. premium pay for weekend or holiday work;

4. pay raises or fringe benefits; or

5. a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or commissions in excess of those required by the FLSA. However, some States do have laws under which such claims (sometimes including fringe benefits) may be filed.

Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old.

NOTE: States and municipalities can always provide greater benefits than do federal laws. So you will want to check on the laws in your own state, city or municipality to see if protections greater than found in FLSA apply to your company.

Understood!

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2021-04-15T16:16:00.004-04:00

Map Showing How Minimum Wage Rates Differ from State to State

This Map Shows Minimum Wage Rates in 2020

How Many American Workers Are Protected by The Fair Labor Standards Act?

More than 143 million American workers are protected (or "covered") by the FLSA, which is enforced by the Wage and Hour Division of the U.S. Department of Labor.

Does the Fair Labor Standards Act Apply to Small Companies?

The below is from the U.S. Department of Labor's overtime_complianceguide.pdf (dol.gov):

Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce. In addition, employees of certain entities are covered by the FLSA regardless of the amount of gross volume of sales or business done. These entities include: hospitals; businesses providing medical or nursing care for residents; schools (whether operated for profit or not-for-profit); and public agencies...

So, the issue is not necessarily the number of employees but, rather the productivity of the company (>$500k in revenue) or the nature of the business (interstate commerce, engaged in health care, etc.).

Further, the FLSA is rife with other exceptions, so it is best to consult counsel if you have questions concerning its applicability to any given employer.

Companies that do not fall within the FLSA guidelines are not governed by the law. That said, states can establish their own laws, so long as that they do not provide less protection than does the FLSA.

What Does the Fair Labor Standards Act Cover?

Perhaps the most notable things governed by the FLSA are overtime and minimum wage. This Article addresses minimum wage-related issues. More specifically, a state by state survey of minimum wage laws.

How Many States Allow Employers to Pay Less Than the Federal Minimum Wage?

Minimum wages in the United States are governed by the Fair Labor Standards Act ("FLSA"). If a company does not fall within the purview of FLSA, it can pay less than the FLSA minimum wage, unless there is a state law that says otherwise.

Two states, Georgia and Wyoming, in fact do have state laws that authorize employers not governed by FLSA to pay less than the FLSA minimum wage. In both states, such employers can start workers at $5.15 per hour.

How Many States Have Minimum Wage Laws That Are Identical to the $7.25 Established by Federal Law?

As of January 1, 2021, 14 states have laws that require employers to pay the $7.25 per hour required by the FLSA (see Chart, below).

25 States Have or Will be Raising Their Minimum Wage Rate in 2021

How Many States Will be Raising Their Minimum Wage in 2021?

By our count, it appears as though 25 states will be raising their minimum wage rate in 2021.

How Many States Require Employers to Pay More Than the Federal Minimum Wage of $7.25 Per Hour?

Minimum wages in the United States are governed by the Fair Labor Standards Act ("FLSA"). The FLSA provides a minimum threshold for hourly pay rates; however, states are permitted to require higher thresholds if they wish to do so.

29 States, along with Washington DC, Guam and the Virgin Islands in fact have state laws that require employers to pay more than $7.25 to employees.

How Many States Have No Minimum Wage Rate, and What Does That Mean?

4 states have no minimum wage law at all - Alabama, Louisiana, Mississippi and Tennessee, which means that companies that are not governed by FLSA can pay employees whatever minimum wage they want!

Which 5 States/Territories Have the Highest Minimum Wage Rate?

1. Washington, D.C. ($15.00)

2. California ($14.00)

3. Washington ($13.69)

4. Massachusetts ($13.50)

5. Connecticut ($13.00)

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Here is a State by State Survey of Minimum Wage Rates

Sources: https://www.dol.gov/agencies/whd/minimum-wage/state & this article from USA Facts.

State by State Minimum Wage Rates (as of March 24, 2021)
State	Minimum wage
Alabama	No state minimum wage law
Alaska	$10.34
Arizona	$12.15
Arkansas	$11.00
California	$13.00 for employers with 25 or fewer employees. Will increase to $14.00 per hour on January 1, 2022 and $15 per hour on January 1, 2023; $14.00 for employers with more than 25 employees (will increase to $15.00 per hour on January 1, 2022)
Colorado	$12.32
Connecticut	$12.00
Delaware	$9.25
Florida	$8.65
Georgia	$5.15
Hawaii	$10.10
Idaho	$7.25
Illinois	$11.00. Will increase by $1 on January 1 of each year until reaching $15 per hour in 2025
Indiana	$7.25
Iowa	$7.25
Kansas	$7.25
Kentucky	$7.25
Louisiana	No state minimum wage law
Maine	$12.15
Maryland	$11.60 per hour for employers with fewer than 15 employees; $11.75 per hour for employers with 15 or more employees
Massachusetts	$13.50
Michigan	$9.65 per hour
Minnesota	$10.08 per hour
Mississippi	No state minimum wage law
Missouri	$10.30 per hour
Montana	$8.75 per hour for businesses with gross annual sales of more than $110,000; $4.00 per hour for businesses making less than $110,000 and not covered by federal statute
Nebraska	$9.00 per hour for employers with more than three employees
Nevada	$8.00 per hour for employees qualifying for health benefits and $9.00 for employees without health benefits. Both tiers will increase by 75 cents on July 1 of each year until reaching $11 per hour and $12 per hour in 2024
New Hampshire	$7.25 per hour
New Jersey	$12.00. Will increase by $1 on January 1 of each year until reaching $15 per hour in 2025
New Mexico	$10.50 per hour
New York	$12.50 statewide; $15 per hour in New York City, Long Island and Westchester County
North Carolina	$7.25
North Dakota	$7.25
Ohio	$8.80
Oklahoma	$7.25 per hour for employers of ten or more full time employees at any one location and employers with annual gross sales over $100,000; $2 per hour for all other employers
Oregon	$12.00 per hour statewide standard; $13.25 per hour in the urban area around Portland; $11.50 per hour in non-urban parts of the state
Pennsylvania	$7.25
Rhode Island	$11.50
South Carolina	No state minimum wage law
South Dakota	$9.45
Tennessee	No state minimum wage law
Texas	$7.25
Utah	$7.25
Vermont	$11.75 per hour. Will increase to $12.55 per hour in 2022 with future increases tied to inflation
Virginia	$7.25
Washington	$13.69 per hour statewide. Will change on January 1 of each year based on the federal Consumer Price Index; $16.69 per hour in Seattle; $16.57 per hour in SeaTac
West Virginia	$8.75
Wisconsin	$7.25
Wyoming	$5.15
District of Columbia	$15.00
Guam	$8.75
Puerto Rico	$7.25
U.S. Virgin Islands	$10.50

Interested on a deeper dive of Minimum Wage? We think this article from USA Facts is excellent.

Do You Know About Misclassification?

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List: 20 Work From Home Telework Jobs That Pay > $100k! You Can Earn a Six Figure Income Working from Home - Really

2021-04-10T10:13:00.010-04:00

How Sweet it can be to Work from Home!

You Ask: Are There Remote Work from Home Jobs That Pay Six Figures? Yes, There Are!

I know, I know, we are all besieged with unsolicited "opportunities" to make big money working from home. And, since approximately 71% of Americans are now doing just that, and are seemingly disinclined to return to the office anytime soon, we thought it would be a good idea to evaluate whether there are, in face, and solid, bona fide work from home opportunities out there. turns out, there may very well be!

We started by reviewing 20 in-demand jobs that can be done remotely—and pay $100,000 or more (cnbc.com), published April 9, 2021.

HR Professions Willing to Work Remotely In Demand

HR Leaders Who Can Work Remotely Are Needed

Of course, it makes perfect sense, given the prevalence of the work from home environment, that hiring HR personnel to work remotely is a great idea. Who better to understand the best strategies for hiring, training, motivating and developing a remote workforce? According to CNBC report:

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Here are some of the top HR jobs employers are hiring for remotely, according to FlexJobs:

Head of global talent acquisition: $130,000 to $160,000

Head of talent development and diversity, equity and inclusion: $125,000 to $145,000

Senior global sales recruiter: $100,000

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We Still Want and Need to Connect!

Here Are 7 Telework Jobs That Pay More Than $100,000 Per Year for Skilled Tech Workers

It is logical that folks skilled in technology would be coveted for remote work positions. After all, proper use of technology is, in the remote workforce culture, critical to hiring, onboarding and generally trying to make remote workers feel part of the team! According to CNBC report:

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Some of FlexJobs’ top openings in tech and their average annual salary include:

Backend software engineer, cyber security: $150,000
Product manager: $140,000 to $180,000
Senior product designer: $125,000 to $140,000
Digital payment project manager: $115,000 to $130,000
DevOps engineer: $115,000 to $125,000
Site reliability engineer: $105,000 to $125,000
Design practice lead: $100,000 to $150,000
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Marketing and Customer Services Professionals Sought for Telework

Marketing is a natural fit for work from home opportunities, because so much marketing nowadays is done online. Marketing requires a computer, writing skills, creativity and elbow grease. Of course, managing a marketing platform with remote workers requires so much more, and takes a special leader under any circumstances!

Is it Worth the Expense? You Make the Call!

As for customer service, well, there are a LOT of choices there. Balancing the features and benefits of having a person available to speak with in person, for example! But, we digress... According to CNBC report:

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Here are some of the top marketing and communications jobs listed on FlexJobs:

Director of marketing campaigns: $130,000 to $150,000
Creative copywriter: $100,000 to $125,000
Director of communications and outreach: $100,000 to $120,000
Director of marketing: $100,000
Head of content and community: $100,000

Open [Customer Service] roles on FlexJobs include:

Director of professional services: $90,000 to $125,000
Director of concierge experience: $90,000 to $110,000
Associate vice president of digital strategy: $90,000 to $105,000
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Consistent With Our Goal of Outstanding Customer Service...
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Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA

2021-04-09T15:12:00.005-04:00

Covid-19 Cases Are Rampant

Florida Federal Judge Rules Employer Who Refused Employee Leave Under Families First Coronavirus Response Act ("FFCRA") Violated Fair Labor Standards Act ("FLSA")

On August 25, 2020, there was a very interesting decision rendered on a Motion to Dismiss by federal judge Virginia M. Hernandez Covington, sitting in the Middle District Court of Florida.

Punishing an Employee For Seeking Leave Under the Families First Coronavirus Act is Illegal

In Kofler v. Sayde Steeves Cleaning Service, Inc., the employee plaintiff, Deborah Kofler, was a residential/commercial cleaner who requested two weeks of unpaid leave under the FFCRA to care for her two children who had to stay home due to the pandemic. At the time of her request, plaintiff had been employed for little more than a month, and so was not entitled to Family and Medical Leave (even if her request would have triggered a right to such leave, which it appears it would not have, given that neither she nor her children had a "serious health condition.")

Her employer ignored that request, and a week later thereafter terminated her employment.

Terminating an Employee for Seeking Leave Pursuant to the Families First Coronavirus Response Act ("FFCRA") Constitutes a Violation of the Fair Labor Standards Act ("FLSA")

Kofler sued, alleging illegal retaliation pursuant to the FLSA, by way of the FFCRA. The defendant sought to dismiss the action, asserting that she had not stated any claim.

The Court dismissed the defendant's contentions out of hand. We will let the Court take it from here:

Covid Retaliation Cases Governed by FLSA

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In Count I, Kofler asserts a claim for FLSA retaliation, arguing that Sayde fired her in violation of the FLSA because she had requested FFCRA leave. (Doc. # 1 at 4). The FLSA makes it unlawful

to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.

29 U.S.C. § 215(a)(3). To state a claim for FLSA retaliation, a plaintiff must allege that: "(1) she engaged in a statutorily protected activity; (2) she subsequently suffered adverse action by the employer; and (3) a causal connection existed between the employee's activity and the adverse action." Keith v. Univ. of Miami, 437 F. Supp. 3d 1167, 1171 (S.D. Fla. 2020).

Sayde raises multiple arguments for dismissal of this claim. None are persuasive. First, it argues that Count I fails to state a claim because Kofler has not plausibly alleged that she engaged in protected activity under the FLSA. (Doc. # 10 at 3). The complaint asserts that Kofler "engaged in protected activity under the FLSA" by "pursuing her rights under the FFCRA." (Doc. # 1 at 4).

Although the FLSA and FFCRA are different statutes, retaliation for asserting rights under the FFCRA violates the FLSA. The FFCRA prohibits employers "from discharging, disciplining, or discriminating against any Employee because such Employee took Paid Sick Leave under the [Emergency Paid Sick Leave Act (EPLSA)]," which is a part of the FFCRA, or "because such Employee has filed any complaint or instituted or caused to be instituted any proceeding . . . under or related to the EPLSA." 29 C.F.R. § 826.150(a); Families First Coronavirus Response Act, Pub. L. No. 116-127, § 5104, 134 Stat. 178, 196-97 (2020). Under the FFCRA,

An Employer who discharges, disciplines, or discriminates against an Employee in the manner described in subsection (a) is considered to have violated section 15(a)(3) of the FLSA, 29 U.S.C. 215(a)(3), and shall be subject to the enforcement provisions relevant to such violations set forth in sections 16 and 17 of the FLSA, 29 U.S.C. 216, 217.

29 C.F.R. § 826.150(b)(2); Families First Coronavirus Response Act, Pub. L. No. 116-127, § 5105(b), 134 Stat. 178, 197 (2020). Thus, retaliation claims regarding the FFCRA may be brought under the FLSA. Notably, Sayde fails to address the statute and related regulation's language about the FLSA in its Motion.

In light of the above, Kofler has plausibly alleged that she engaged in protected activity under the FLSA by requesting FFCRA leave.

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That about says it all.

Understood

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Drug Testing Remote Work From Home Employees Via Oral Fluid Collection Kits or Urine Tests - Work From Home Employee Drug Testing Strategies

2021-04-09T12:43:00.004-04:00

Drug Testing Via Oral Fluids

May Be Best Way to Test Remote Workers

Oral Fluid Collection Drug Testing Kits Are Relatively Inexpensive and Reliable, and Represent Less Invasive Intrusion into Employee' Privacy Concerns

The below is from How to Drug Screen Remotely During a Pandemic – TOPLAB® (toplabdirect.com)

How to Drug Screen Remotely Using Oral Fluid Collection Kits

One of the easiest ways to drug screen remotely is to provide the employee or employee candidate with [an] oral fluid collection kit[]. During a video call with the person responsible for drug testing in your organization, the employee can use the test kit under observation and seal it in a mailer to be sent out.

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How Much Do Oral Fluid Drug Screen Tests Cost?

Of course, prices vary. Perhaps the least expensive we found was from: 5 Panel Oral Cube - C254 - AMP, COC, MET, OPI, THC (countrywidetesting.com), $5.75. According the Countrywide, the 5 Panel:

- Tests for 5 Drugs: Marijuana (THC) Cocaine (COC) Methamphetamine (mAMP/MDMA) Opiates (OPI) Amphetamines (AMP)

- Quick and Easy to Use: Results in 15 minutes or less

- Detection Windows: THC (14 hours) AMP + mAMP (72 hours) Cocaine (24 hours) Opiates (24-48 Hours)

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Is it a Good Idea to Send Oral Fluid Drug Collection Test Kits to All Remote Work From Home Employees?

It may well be, for several reasons.

One, in doing so you are uniformly informing all employees that drug testing is a company policy and practice (may be enclose the new written drug policy for the employees to sign off and send back at the same time!). This is critical, as it will somewhat minimize any given employee from feeling "singled out" when asked to take a drug test.

Two, the kits are relatively inexpensive, probably far less expensive than sending a courier every time you want a drug test performed (and far cheaper than sending them to a drug testing facility).

Three, time may be of the essence, and it is possible that an employee who fears a positive test result may try and find a way to avoid submitting to a timely test.

Maybe Check Out: Drug Testing and Pennsylvania Unemployment Law - Can I be Fired for Refusing or Failing a Drug Test in Pennsylvania?

Can You Get Reliable DNA from a Urine Drug Test?

TOPLAB and others suggest that accurately detecting DNA from a urine test is possible.

However, we scouted that out, and it appears that technology has not reliably extended that far. While DNA is easily detectable from blood or bodily fluids, the same cannot be said for urine.

Employers Must Issue and Update Written Drug Test Policies

No matter which of the two above approaches you use, you must first have provided a written Drug Testing Policy to all employees in advance of undertaking such methods. It is possible that the company's existing drug testing policy does not adequately or specifically address drug testing of remote employees. That needs to be taken care of before implementing any new procedures.

We've Got You!

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2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

2021-04-08T18:56:00.008-04:00

There Is No Federal Drug Testing Law for Private Employers in the United States

Check Your State - and Check With Counsel!

The following principles are well-established:

There is no comprehensive federal law that regulates drug testing in the private sector. The Drug-Free Workplace Act does imposes certain employee education requirements on companies that do business with the government, but neither requires nor prohibits testing.

Does an Employer Violate the Americans With Disabilities Act by Requiring a Drug Test?

Drug testing is not forbidden pursuant to the Americans with Disabilities Act (ADA) because the ADA does not consider active drug use a disability (although pursuant to ADA one with a history of drug use who is not currently using drugs may not be subjected to disparate treatment due to inactive addiction), but neither requires nor prohibits testing.

What Federal Agencies Have Mandatory Drug Testing Laws?

Although there is no comprehensive federal drug testing law, certain federal agencies have adopted drug testing regulations for employers under their jurisdiction.

The Department of Defense requires defense contractors to set up procedures for identifying drug users, including random testing.

The Department of Transportation requires the industries it regulates to conduct random drug and alcohol testing for workers in safety sensitive jobs, as well as testing after accidents and when there is “reasonable suspicion” of employee substance abuse.

The federal Omnibus Transportation Employee Testing Act (OTETA) requires testing of all operators of aircraft, railroad equipment, mass transportation vehicles, and commercial motor vehicles in a fashion similar to DoT.

What States Allow Drug Testing of Employees?

Notwithstanding the absence of a comprehensive federal scheme, many states have enacted legislation to govern drug testing in the private sector.

We have reviewed a table of each states regulatory scheme, as set forth in Drug and Alcohol Testing Laws, by State (blr.com). The regulatory schemes are dense, and it is best to specifically review the state laws that govern the applicable jurisdiction that governs your circumstance, and to seek legal counsel for assistance where needed.

That said, there are some generalities that can be gleaned from these state laws (or from a cursory review of judicial decisions).That said, there are some generalities that can be gleaned from these state laws (or from a cursory review of judicial decisions).

Pre-Employment Drug Testing is Permitted in Nearly Every State

· Most states permit pre-employment testing as a condition of employment, either by virtue of statute or judicial decision.

Post-Employment Testing Must Be the Subject of a Written Company Policy

· Most states that permits post-employment testing requires that written notice of the employer’s drug testing policy be distributed to all employees.

Post-Employment Testing Typically Permitted Upon Reasonable Suspicion, Following a Workplace Accident, as Part of a Fit-For-Duty Exam or Following Rehabilitation Program

· States that permit post-employment testing generally tend to permit same under the following circumstances:

o Reasonable suspicion testing based upon observation of possible impairment at work;

o Following an employee’s return from a rehabilitation program;

o As part of a Fitness-for-Duty exam under various circumstances (i.e. following an employee’s return from work injury, etc.); and,

o Following a workplace accident.

· Generally, an employee who fails or refuses a lawful request for a drug test may be terminated, and subsequently will be ineligible for unemployment compensation.

Random Drug Testing in the United States – State by State Review

It is apparent that the most significant line of demarcation from state to state concerns the authorization of random drug testing. Let’s review.

What States Have Laws Authorizing Random Drug Testing for Private Employers? Most States Do Not Have Laws Authorizing Random Drug Tests for Private Sector Employees

The term “random” does not have a singular meaning. Further, just because a state does not have a statute authorizing random drug testing does not mean that it is conduct such testing! In order to understand your states drug testing laws, best to consult counsel.

14 States (Plus D.C.) Have Laws Authorizing and Permitting Random Drug Testing of Employees of Private Employers With Little or No Limitation

According to our reading of the blr.com survey, the following states have a law authorizing random drug testing for private sector employers, with little limitation:

Alabama

Alaska

Arizona

Washington, D.C.

Hawaii – Unclear, but it appears it may be allowed if set forth in written drug testing policy

Idaho

Louisiana

Montana

North Carolina

Ohio

Oklahoma

South Carolina

Utah – if pursuant to written employer policy

Vermont

West Virginia – basically permits random drug testing

25 States Do Not Have Any Law Authorizing or Permitting Random Drug Testing for Employee of Private Sector Employees

According to our reading of the blr.com survey, the following states do not have any law authorizing random drug testing for private sector employers (unless indicated, there are drug test laws in the states in question, but the laws do not authorize random testing):

Arkansas

California

Colorado

Florida

Georgia

Illinois

Indiana

Kansas

Massachusetts – has no drug testing law on the books, multiple cases discuss issue

Michigan – has no drug testing law on the books, multiple cases discuss issue

Missouri

Nevada

New Hampshire

New Jersey – has no drug testing law on the books, multiple cases discuss issue

New Mexico

New York – has no drug testing law on the books, multiple cases discuss issue

North Dakota

Oregon – laws focus more on alcohol testing

Pennsylvania - has no drug testing law on the books, multiple cases discuss issue

Rhode Island

South Dakota – drug testing for government workers only

Tennessee

Washington

Wisconsin

Wyoming – has no drug testing law on the books, multiple cases discuss issue

11 States Permit and Authorize Private Employers to Do Random Drug Testing of Employees Under SomeCircumstances or With Conditions

According to our reading of the blr.com survey, the following states have laws authorizing random drug testing for private sector employers under certain conditions:

Connecticut – permits random testing only for jobs designated “high risk” or “safety sensitive”

Delaware –only for employers in transportation, nursing or home health corrections facilities

Iowa – only at worksite for entire workforce

Kentucky – no drug testing laws for most private sector employers

Maine – in a number of situations inapplicable to most private employers

Maryland – Unclear, but drug testing may be conducted “if supported by legitimate business reason”

Minnesota – only for employees in “safety sensitive” position, professional athletes

Mississippi – only for employees who have had a positive test within preceding 12-months

Nebraska – but, only for private employers with 6 or more employees

Texas – only permitted for residential childcare employees

Virginia - only permitted for residential childcare employees

YOU MAY ALSO FIND WORTHWHILE:

Drug Testing and Pennsylvania Unemployment Law - Can I be Fired for Refusing or Failing a Drug Test in Pennsylvania?

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Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

2021-04-08T14:36:00.007-04:00

Quest Diagnostics 2020 Drug Testing Index and Trends Report Show Disturbing Trends in the Workforce

Disturbing Drug Testing Trends - Fentanyl Use

We looked at two studies published by Quest Diagnostics just months apart during late-Summer, early-Fall 2020, and they reveal an expected trend, and a disturbing one as well.

The first report, Quest’s annual Drug Testing Index, was issued on August 20, 2020, and indicates that, while drug positivity hit a 16-year high in 2019, overall opiate positivity was down. This was likely due to an increased awareness among the American public concerning the incredible dangers posed by opiate addiction.

Not Surprising:

Legalization of Marijuana Leads to More Positive Drug Tests

The main culprit for the increase in positivity results was an increase in marijuana. This is probably not surprising to anyone, given its legalization in numerous states.

Say what you want about marijuana, all research indicates that it is not physically addictive, and that matters. Someone with a positive marijuana test can be rehabilitated without need for hospitalization due to the absence of withdraw symptoms.

Further, there are few if any reports of fatal marijuana overdoses.

The fact that opiate use was down nearly 37% from its high in 2015 certainly seemed encouraging. Opiate addiction is a far more intractable problem than is marijuana use, and the loss of life caused by opiate addiction is simply heartbreaking.

What we found missing from this DTI, however, was any specific delineation of positive tests for of fentanyl.

Two months later, that changed.

Fentanyl Use Exploded During Pandemic

Positive Drug Tests for Heroin and Fentanyl Escalated Dramatically During the First Three Months of the Covid-19 Shutdown

In a Health Trends Study issued by Quest on October 15, 2020, information concerning fentanyl was front and center – and it was not encouraging. Rather, the Study found that, during the period March 15 thru May 16, 2020 “the drug positivity rate increased 35% for non-prescribed fentanyl and 44% for heroin during the pandemic compared to the period prior to the pandemic.”

The Study reported, "[u]se of illicit fentanyl in men increased 51%, from 5.7% in 2019 to 8.6% from mid-March to mid-May 2020. Women's positivity rate increased 16%, from 3% to 3.7%."

There can be little doubt that the increase in heroin and fentanyl use among the American workforce during the pandemic is the result of many factors, not the least of which is isolation, loneliness, depression and, perhaps, a significant decline (nearly 70% according to Quest) of drug testing during the early stages of the pandemic.

The increase in positivity for heroin and fentanyl is particularly worrisome, because these drugs are so physically addictive that the average person, once addicted, simply cannot go more than several hours without experiencing severe withdraw symptoms. These symptoms don’t dissipate for some time, and can last weeks. This is why it is so difficult to break the addiction – the best cure for the symptoms is using fentanyl or heroin. It is a vicious cycle. It is a cycle that can cause major problems for even the most well-intentioned employers - absences from work, lower productivity at work, theft at work...

To add to the problem, it is now common for drug dealers to include fentanyl into other drugs, such as amphetamines, benzodiazepines and cocaine. This means that even folks who sought to avoid the scourge of opiate addiction will find themselves unknowingly trapped in that very vicious cycle via use of other "recreational" drugs.

Drug addiction touches nearly every family to some degree, it seems, and poses a challenge for virtually every employer, large and small. It is apparent that we are all hard at work addressing this multi-faceted problem, and we are all praying that future trends will point in the right direction.

And We've Got More to Give!

YOU MAY ALSO FIND WORTHWHILE:

Drug Testing and Pennsylvania Unemployment Law - Can I be Fired for Refusing or Failing a Drug Test in Pennsylvania?

Drug Testing Remote Work From Home Employees Via Oral Fluid Collection Kits or Urine Tests - Work From Home Employee Drug Testing Strategies

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

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5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal

2021-04-03T14:56:00.011-04:00

New Legal Challenges on the Horizon

Due to Work from Home Environments

Employee Files Suit Claiming He Was Forced to Skip Lunch and Work Overtime While Working From Home, and was not Reimbursed for Expenses Such as Home Internet(!)

The below is from: Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims | Fisher Phillips

In Aguayo v. Shield N Seal, Anthony Aguayo started his employment with a small Nevada City manufacturing company in February 2020. He claims that in the very early days of the pandemic, he was exposed to employees who were not wearing a mask and was made fun of for wearing a mask at work. On March 17, 2020 – the day of the first stay-at-home order in California – Aguayo concedes that his employer told him and his fellow employees that they could work from home if they chose to do so. He proceeded to work from home from March 18 to September 21, although he came into the office on occasions to retrieve items.

Aguayo then contends that he was directed to return to the office starting September 22. He alleges he protested doing so because he was concerned about returning to the office due to his asthma combined with concerns about office safety. He claims to have seen team members without masks and contends the company didn’t ensure workplace items were disinfected on those occasions he went into the office to retrieve them. Aguayo states he was terminated the same day he complained.

While you might think this is the end of the story, Aguayo then alleges that, during his seven-month employment – during which time he admittedly worked from home for six of those months – he had his meal and rest breaks interrupted, was forced to complete extra work off the clock, and was not reimbursed for business expenses. (Note: failure to reimburse for business expenses during the pandemic is an unfortunately common mistake made by employers in California and elsewhere).

Specifically, Aguayo says he “constantly” received calls from the company during which time he would inform the caller he was on his meal or rest break but would be directed to complete various tasks anyway. He also claims that he would be called right before his shift was scheduled to end with additional tasks that had to be completed and was not compensated for the overtime he was forced to work. Finally, he says he had to purchase work supplies and was not reimbursed for them or for his cell phone or home internet which were used while he was working from home.

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The issues raised in Aguayo raise issues beyond potential legal liability. Recently, we discussed that one of the major challenges faced by companies is how to balance the needs of the company while at the same time recognizing employees' needs for a work/life balance. These are exceptionally complex issues, and will require a great deal of innovative thought and maximum effort by employers in the coming months, and years.

And We've Got it for You!

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Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

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How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

2021 Employment Litigation Trends - How Many Covid-19-Related Cases Have Been Filed in State and Federal Courts?

2021-04-03T13:39:00.013-04:00

Coronavirus is a Petri Dish for Employee Lawsuits

HOW MANY COVID-19-RELATED LAWSUITS HAVE BEEN FILED?

Employers Should Note These Workplace Litigation Trends for 2021 (shrm.org) reports:

"Litigation that is a direct result of the COVID-19 pandemic will continue in 2021," predicted David Amaya, an attorney with Fisher Phillips in San Diego. The Fisher Phillips COVID-19 Employment Litigation Tracker has documented more than 1,400 COVID-19-related cases, and found that remote work and leave conflicts are the most common issues.

California and New Jersey Employers Face

Most Covid-19 Based Employee Lawsuits

In What States Have the Most Covid-19 Coronavirus Employee Lawsuits Been Filed? California and new Jersey Leading States for Coronavirus Employment Lawsuits

According to Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends | Jackson Lewis P.C. - JDSupra:

By way of example, as of January 13, 2021:

Approximately 1,360 COVID-19-related employment lawsuits have been filed in state and federal court since March 2020, including 70 class action Of the 1,360 cases, approximately 76% include allegations of wrongful termination.
Since Labor Day 2020, non-class action COVID-19-related employment lawsuits have more than doubled, with claims of discrimination and retaliation trending up. Disability leave claims have remained steady but declined as a percentage of overall claims. Allegations of workplace safety are slowing down.
States with the most lawsuits to-date are California (298), New Jersey (184), Florida (115), New York (96), Ohio (80), Texas (77), and Michigan (54). Since December 1, 2020, however, states with the most lawsuits (in descending order) are California, New Jersey, New York, Florida, Texas, Ohio, and Pennsylvania.
Approximately 35% of all COVID-19-related employment lawsuits nationwide have been filed in California and New Jersey, and
approximately 92% of those suits were filed in California and New Jersey state courts. Outside of California and New Jersey, approximately 48% of lawsuits were filed in federal court and 52% in state court.
Healthcare and manufacturing industries have been hit the hardest by single-plaintiff lawsuits, while hospitality, retail and consumer goods, and transportation have been hit the hardest by class action lawsuits.

We Hear You - We Hear All of You

YOU MAY ALSO FIND WORTHWHILE:

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

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2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

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Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Jump to the excellent COVID-19 Employment Litigation Tracker And Insights | Fisher Phillips

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

2021-04-03T13:34:00.010-04:00

Pandemic a Petri Dish of Employee Dissatisfaction

SINCE MARCH 2020, IT IS BEEN REPORTED THA THERE HAVE BEEN 70 CLASS ACTION LAWSUITS FILED FOR ALLEGED COVID-19 CORONAVIRUS-RELATED UNLAWFUL EMPLOYMENT PRACTICES

Employers Should Note These Workplace Litigation Trends for 2021 (shrm.org) reports:

"The COVID-19 crisis caused an uptick in class actions for workplace issues, according to law firm Seyfarth Shaw's 2021 Workplace Class Action Litigation Report."

Seyfarth Shaw is certainly on point.

According to Employment Law Developments To Monitor In 2021: COVID-19-Related Employment Litigation And Trends | Jackson Lewis P.C. - JDSupra:

"By way of example, as of January 13, 2021:

Approximately 1,360 COVID-19-related employment lawsuits have been filed in state and federal court since March 2020, including 70 class action cases

Healthcare and manufacturing industries have been hit the hardest by single-plaintiff lawsuits, while hospitality, retail and consumer goods, and transportation have been hit the hardest by class action lawsuits.

Keeping Busy - as are Private Lawyers

Wage and Hour (FLSA) Most Common Covid-19 Class Action Lawsuits ?

Approximately 43% of class action complaints allege wage and hour violations, while approximately 38% allege workplace safety (24%) or disability leave violations (14%).
Of the 70 class actions filed to date, approximately 61% were filed in California (29) and Florida (14). Outside of California, 73% of class actions were filed in federal court. Only 21% of California’s class actions were filed in federal court."

YOU MAY ALSO FIND WORTHWHILE:

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

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2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Want Additional Information on Covid-19-Related Lawsuits?

Jump to the excellent COVID-19 Employment Litigation Tracker And Insights | Fisher Phillips

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021-04-01T12:27:00.005-04:00

Call Them Habits - Call Them Work Place Norms -

But Evolution Has Occurred

New Habits and Workplace Norms Have Been Created by Covid-19, and They Are Not Likely to Disappear Any Time Soon

They say it takes 30 days to create or break a habit (James Clear says 66). Even assuming that may be on the light side, it has now been fully a year since the Covid-19 Pandemic broke, and new work habits have most assuredly been developed by all.

We did a survey of some articles concerning the biggest challenges facing HR in 2021, and we have identified out Top 5 (with attribution, our own commentary and some fun pics). Here they are:

1. Flexibility Moves from Location to Time. These are the HR trends to expect in 2021 | HRExecutive.com

HRExecutive Says:

"Next year will see a rise of new jobs where employees no longer have an agreed-upon set of hours

to work and instead just focus on a set of outputs to achieve, regardless of how long it takes them

to achieve those outputs."

Time Management Will Take on a New Meaning in the New Age

We Say:

The 9-5 workday is a thing of the past (as is the 8-6 workday!) With more and more people

working from home, there are a much greater variety of work schedules. Yet, one thing stays the

same: Employers have a right to expect employees to get their work done in a timely fashion.

It used to be that regular face-to-face interactions would serve to "remind" managers and

employees alike of the existence of a given project, and the need for its completion. Gone are the

days when you would pass someone you put in charge of a product in the hallway and be reminded

to ask, "Say, how is that project coming?" So, in the post-pandemic world, establishing clear

deadlines for a project, as well as requiring regular, written milepost updates, is essential.

Employees and managers that lack sound communication skills will be greatly challenged to succeed

the post-Pandemic workplace.

And, be careful:

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

2. Shift from Managing the Employee Experience to Managing the Life Experience of Your Employees. These are the HR trends to expect in 2021 | HRExecutive.com

HRExecutive Says:

"2021 will be the year where employer support for mental health, financial health and sleep will

become table stakes of the benefits offer given to employees."

Working From Home = More Siestas

We Say:

The 9-5 workday is a thing of the past (as is the 8-6 workday!) With more and more people

working from home, there are a much greater variety of work schedules. Yet, one thing stays the

same: Employees need to relax at night and get good rest in order to be most productive. The

starting place for securing the best path towards the mental health and sleep patterns of the

workforce is to recognize that a "Work From Home" environment does not mean that employees

are on call and expected to fulfill work duties 24 hours a day, 7 days a week. HR Managers

and company leaders must establish clear guidelines concerning issues such as start and stop times

for e-Mail communications, Zoom Meetings and work projects. No one wants to feel pressured

to attend an 8 p.m. Zoom Meeting or to respond to an e-mail at 11:00 at night. You may enjoy a

siesta from 3-5 p.m., followed by several hours of work to complete the days tasks. But expecting

an immediate response from your charges to a wonderful idea that hit you at 9:30 p.m. is just a bad idea.

3. Hiring and Onboarding in a Hybrid World of Work. Three big HR challenges for 2021 - The People HR Blog People HR Blog

HR Blog People Says:

"'HR managers are going to have to seriously rethink how they train new people” Rolf [Bax,

from Resume.io] tells me. “Onboarding packages will need to be much more thorough

and comprehensive in order to account for the lack of face-to-face introductions, walk-throughs

and hands-on experience new hires used to get.”

On-Boarding: More Planning Required Than Ever Before!

We Say:

The simple fact of the matter is, more people, from all levels of management within any given company, are now working from home a great deal of the time. Scheduling an inter-office meeting with any 5 employees can be stressful and time-consuming. Sure, it can be done, but many employees have gotten used to doing things remotely. Yet, remote meetings surely are more difficult to prepare for when training materials are involved. And, let's face it, meeting someone over Zoom is not the same as meeting them in person. Moreover, training is not a one-day operation (far from it!). So, what to do? A a new set of Training Modules need to be developed, and must evolve as new challenges are uncovered. They should involve a mix of face-to-face interactions, one-one one Zoom meetings and material review process that is effective and not simply boilerplate.

4. Quelling Employee Duress During a Time of Uncertainty. Top Five Human Resources Challenges In 2021 (forbes.com)

Forbes.com Says:

"'To quell duress during this time of uncertainty, HR leaders must take concrete steps to actively

engage employees, foster social interaction, provide additional mental health benefits and support

and remain transparent about the possibility of layoffs."

Communication: More Ways to Do It -

and More Challenging Than Ever

Remember when we just talked? That was so, well, simple. Sure communicating has always been challenging for human beings, but non-verbal cues, familiarity and constancy made it manageable. And, we can all agree, it is downright painful to wait for what we perceive to be a long-time for feedback, a response or an answer. A state of not knowing is an uncomfortable state; indeed, it can lead all of us to paranoia, wild speculation and fear. The goal for everyone is to figure out: 1) how to "stay in touch" on the regular to help develop a relationship; 2) how to put employees in a position where they feel comfortable providing feedback on workplace issues and their state of mind; and, 3) how to develop a system to routinely communicate company initiatives and policies so that employees feel connected and includes. These forms of routine communication will develop trust, and make it far easier when it comes time to communicate bad news, such as a layoff.

5. Identifying and Supporting Mental Health and Wellbeing Needs. Three big HR challenges for 2021 - The People HR Blog People HR Blog

HR Blog People Says:

"'The massive challenge here for HR, is going to come from two different angles in 2021:

There will probably be more people in your workforce struggling with their mental health

2. You’re going to have a much harder time spotting the signs."

Mental Health Affects Employee Productivity

We Say:

The CDC has found that over 40% of U.S. adults are dealing with mental illness during the pandemic. We all know that isolation has the affect of causing and exacerbating stress. When you see someone every day, you get to know their facial expressions, their mood, their temperament, their method of interaction. Hence, we can see when something seems off with a co-worker. We can ask them if they are OK. We can ask them to lunch. We can let them know we are here if they need anything. But, when communications are limited to e-Mails, telephone calls and participation in remote Zoom meetings (of which they may be one of many), it is virtually impossible to tell when someone is "off." This is especially true when there is little foundation to work off of (I mean, how much time have any of us spent with our co-workers over the past year?). Developing positive methods to help foster sound employee mental health is perhaps the most difficult challenge facing HR professions - and all of management, really. It is fair to say, however, that recognizing the challenge, and effectively addressing the first 4 issues raised above is a great starting point.

Wait - There's More?!

YOU MAY ALSO FIND WORTHWHILE:

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

List: Which Universities in U.S.A. Receive the Most Applications? Here Are the Top Ten -

2021-03-29T19:59:00.011-04:00

The Top 5 UCal School System Colleges Listed EACH Get

More Than 80,000 Applications Per Year!

Schools Within the University of California School System Dominate Top 10 Rankings of Universities With the Most College Applications Each Year

It must be the beautiful people, and the beautiful weather! The top six spots are all part of the University of California School system!

According to a September 2019 CNMBC article based upon 2018 statistics, The 10 universities that receive the most applications (cnbc.com) were:

Top Spot

UCLA Receives More Applications Than Any Other University in America

1. University of California, Los Angeles (UCLA)

Number of applicants: 102,225
Number admitted: 16,456
Number admitted who enrolled: 6,038
Percent of applicants admitted: 16.1%
Percent of admitted who enrolled: 36.7%

2. University of California, San Diego

Number of applicants: 88,446
Number admitted: 30,061
Number admitted who enrolled: 5,699
Percent of applicants admitted: 34.0%
Percent of admitted who enrolled: 19.0%

3. University of California, Irvine

Number of applicants: 85,092
Number admitted: 31,063
Number admitted who enrolled: 6,545
Percent of applicants admitted: 36.5%
Percent of admitted who enrolled: 21.1%

University of California at Berkley Has Lowest Acceptance Rate and Highest Enrollment Rate of Top 10 Most Popular Universities by Application in America

Toughest to Get Into

Highest Percentage of Enrollments!

4. University of California, Berkley (Berkley)

Number of applicants: 85,044
Number admitted: 14,549
Number admitted who enrolled: 6,379
Percent of applicants admitted: 17.1%
Percent of admitted who enrolled: 43.8%

5. University of California, Santa Barbara

Number of applicants: 81,824
Number admitted: 26,846
Number admitted who enrolled: 4,538
Percent of applicants admitted: 32.8%
Percent of admitted who enrolled: 16.9%

6. University of California, Davis

Number of applicants: 70,952
Number admitted: 30,762
Number admitted who enrolled: 5,868
Percent of applicants admitted: 43.4%
Percent of admitted who enrolled: 19.1%

Among Top 10 Universities by Application Numbers in 2018, Only New York University and Boston University are NOT in California

34% of Those Admitted Enroll

7. New York University (NYU)

Number of applicants: 64,007
Number admitted: 17,707
Number admitted who enrolled: 6,022
Percent of applicants admitted: 27.7%
Percent of admitted who enrolled: 34.0%

8. California State University, Long Beach

Number of applicants: 63,048
Number admitted: 17,650
Number admitted who enrolled: 4,138
Percent of applicants admitted: 28.0%
Percent of admitted who enrolled: 23.4%

9. San Diego State University

Number of applicants: 60,910
Number admitted: 21,574
Number admitted who enrolled: 5,366
Percent of applicants admitted: 35.4%
Percent of admitted who enrolled: 24.9%

Tough to Become a Terrier

Only 25% of Applicants Admitted

10. Boston University

Number of applicants: 60,825
Number admitted: 15,273
Number admitted who enrolled: 3,498
Percent of applicants admitted: 25.1%
Percent of admitted who enrolled: 22.9

HERE IS ANOTHER TOP 10 LIST, FROM U.S. NEWS AND WORLD REPORT, BASED UPON FALL 2019 APPLICATIONS - 70,000 Applications Per Year - The Cut Off for the Most Popular Universities in America by Application Rates

The Leader

As per 10 Colleges That Received the Most Applications | The Short List: Colleges | US News

UCLA Remains Number One, Penn State Cracks Top Ten Universities for Most Applications Per Year in 2019

WE ARE - #8

SCHOOL	NUMBER OF APPLICANTS	U.S. NEWS RANK AND CATEGORY

University of California—Los Angeles	111,322	20, National Universities
University of California—San Diego	99,133	35 (tie), National Universities
University of California—Irvine	95,568	35 (tie), National Universities
University of California—Santa Barbara	93,457	30 (tie), National Universities
University of California—Berkeley	87,398	22, National Universities
New York University	79,462	30 (tie), National Universities
University of California—Davis	77,152	39 (tie), National Universities
Pennsylvania State University—University Park	71,903	63 (tie), National Universities
California State University—Long Beach	71,297	14, Regional Universities (West)
San Diego State University	69,842	143 (tie), National Universities

We've Got More!

List: Oldest Colleges and Universities in Each State of the United States

What Were the Most Common Charges of Discrimination Filed with the Equal Employment Opportunity Commission (EEOC) in 2019 and 2020? Were There More or Less Discrimination Charges Filed with EEOC in 2020 as Compared to 2019?

2021-03-27T10:59:00.009-04:00

EEOC Statistics for 2019 and 2020 Show Little Has Changed

Claims of Retaliation by Far the Most Common Filed With EEOC in 2020

Here is the List of Most Common Charges Filed With the EEOC in 2020:

The F[iscal] Y[ear] 2020 data show that retaliation remained the most frequently cited claim in charges filed with the agency—accounting for a staggering 55.8 percent of all charges filed—followed by disability, race and sex. Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency:

Retaliation: 37,632 (55.8 percent of all charges filed)
Disability: 24,324 (36.1 percent)
Race: 22,064 (32.7 percent)
Sex: 21,398 (31.7 percent)
Age: 14,183 (21.0 percent)
National Origin: 6,377 (9.5 percent)
Color: 3,562 (5.3 percent)
Religion: 2,404 (3.6 percent)
Equal Pay Act: 980 (1.5 percent)
Genetic Information: 440 (0.7 percent)

What Were the Number of Retaliation, Disability, Race, Sex and Age Discrimination Claims Filed With EEOC in 2020

Altogether, there were 119,641 such Charges filed in 2020. Given that many people were out of work or working from home, it is interesting to see that....

There Were About the Same Number of Discrimination Charges Filed with EEOC in 2020 as 2019

Retaliation Charges Most Common Discrimination Charges filed With EEOC

Year In and Year Out

Here are EEOC's 2019 numbers:

The FY 2019 data show that retaliation continued to be the most frequently filed charge filed with the agency, followed by disability, race and sex. The agency also received 7,514 sexual harassment charges - 10.3 percent of all charges, and an 1.2 percent decrease from FY 2018. Specifically, the charge numbers show the following breakdowns by bases alleged, in descending order:

Retaliation: 39,110 (53.8 percent of all charges filed)
Disability: 24,238 (33.4 percent)
Race: 23,976 (33.0 percent)
Sex: 23,532 (32.4 percent)
Age: 15,573 (21.4 percent)
National Origin: 7,009 (9.6 percent)
Color: 3,415 (4.7 percent)
Religion: 2,725 (3.7 percent)
Equal Pay Act: 1,117 (1.5 percent)
Genetic Information: 209 (0.3 percent)

How Many Charges of Discrimination Based on Retaliation, Disability, Race, sex and Age Were Filed With the EEOC in 2019?

Altogether, there were 123,429 such Charges filed in 2019.

Pre- and Post-Pandemic Discrimination Charges Roughly the Same

It does not look like the Pandemic had any real significant impact on workers feeling they were subject to discrimination, whether at work or from afar!

Here's More!

YOU MAY ALSO FIND WORTHWHILE:

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

2021-03-26T12:28:00.008-04:00

Telework - Working From Home is Preferred by Workers in the United States

Pew Research Indicates as Many as 71% of All American Workers Are Working from Home

At least, that was the figure as of the publication of How Coronavirus Has Changed the Way Americans Work | Pew Research Center on September 8, 2020.

How Many People in the United States Worked from Home Prior to the Pandemic?

According to Pew, that figure was 20%.

54% of Teleworkers Would Prefer to Continue Working from Home After the Pandemic is Over.

The Rest Are Married

What Percentage of Americans Would Prefer to Continue Working Remotely When the Coronavirus Pandemic is Over?

The Pew article puts that figure at 54%.

Yes. I did.

Staying Motivated and Free from Interruption Are the Biggest Obstacles to Working Remotely

The Pew article finds that the two biggest obstacles are 1) staying motivated (36% of those surveyed); and, 2) avoiding interruption (32%).

I Mean - Who Needs to Iron Anymore?

Are Teleworkers Experiencing Technology Challenges or Workspace Issues?

Interestingly, the Pew Article found that a far smaller percentage of remote workers identified finding adequate workspace as a major problem (23%), and even fewer struggled with technology (13%).

Self-Motivated Workers Meet Deadlines

Are Remote Workers Struggling With Meeting Deadlines?

Perhaps the most encouraging finding was that only 19% of teleworkers find meeting deadlines to be a major problem. Goes to show that we Americans are a hard working, industrious bunch who value themselves and their jobs.

74% of American Employers Intend to Continue Telework

When Pandemic Ends

Do Companies in the United States Plan to Continue Telework After the Pandemic Ends?

According to a recent article from Forbes.com, "Another recent Gartner CFO survey revealed that over two-thirds (74%) plan to permanently shift employees to remote work after the Covid-19 crisis ends."

You May Also Find Interesting:

YOU MAY ALSO FIND WORTHWHILE:

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

List of Opinions - What Are They Saying? Philadelphia Eagles Sign Joe Flacco to One Year Deal to Back Up Jalen Hurts for $3.5 Million a Year (YIKES)

2021-03-24T15:48:00.004-04:00

J-E-T-S

THE QUARTERBACK FACTORY PAYS JOE FLACCO TWICE AS MUCH AS HE MADE LAST YEAR PLAYING FOR THE JETS. MAKES NO SENSE!

What Are They Saying About Eagles signing of Joe Flacco?

Ha, ha, well we start with Bleeding Green Nation, Eagles News: Joe Flacco signing “makes no sense on any level” - Bleeding Green Nation. The headline says it all!

Eagles Panned for signing Joe Flacco for Too Much Money $3.5 Million!

Here are some articles discussing the move:

Grading the move: Were Eagles wise or foolish to sign Joe Flacco as backup QB? - The Athletic

SHEIL KAPADIA: Jeffrey Lurie hinted strongly earlier this offseason that he anticipates 2021 to be a rebuilding season. It was the very reason he gave for firing Doug Pederson. So why then would you pay 36-year-old Joe Flacco a guaranteed salary of $3.5 million to be your backup quarterback? It makes no sense on any level. Let’s examine the different paths the Eagles can take at quarterback next season. One is to use the sixth pick at another position and start Jalen Hurts. Perfectly reasonable. Sign someone like Nate Sudfeld to the league minimum to be the backup. If Hurts suffers an injury and you have to play a terrible quarterback, who cares? That just means a worse record and a better pick and a better chance at landing a quarterback in 2022. [...] In the grand scheme of things, does this move really matter? Probably not. But when you put together all the bad decisions this organization makes, they add up. And cap space rolls over. That’s $3.5 million less they have next year to spend on a backup offensive lineman or a slot corner or someone else who could actually help them.

Joe Flacco, Eagles agree to one-year contract - BGN
The Eagles are signing free agent quarterback Joe Flacco to a one-year contract, according to his agency. The deal is worth $3.5 million guaranteed and up to $7.5 million with incentives, according to Adam Caplan. That’s ... more than expected. Flacco’s deal with the Jets last year was reportedly only worth $1.5 million. I’m not sure how his value went up.

Eagles sign QB Joe Flacco to baffling contract - PhillyVoice
If the Eagles were poised to be a contending team in 2021 and they really liked Flacco at this stage of his career for some reason, then you could maybe squint and find some merit in paying him this kind of money. But in a rebuilding season, and barely any room at all under the salary cap, this feels like a pretty indefensible and illogical signing.

The QB Factory Stays Busy - Iggles Blitz: The Eagles overpaid for a backup QB. Flacco...Last year he played for $1.5M. Paying more than double in a year with a reduced cap is just bizarre, and that’s about as positive as you can be.

Fly Eagles Fly

On the Road to Victory!

Eagles Pay Far Too Much for Middling Back Up, the Ancient Joe Flacco

From Eagles to sign N.J.’s Joe Flacco | 3 immediate thoughts on the move - nj.com:

Flacco needs to buy into being a mentor: NJ notes that Flacco was highly resistant to backing up Lamar Jackson when he played for the Ravens in 2018. The difference, of course, is that the Ravens were Flacco's team, and Jackson his usurper. Still, it is well known that Flacco made quite a stink, which ultimately led to his ouster and signing with the Jets. Let's hope he accepts his new role here.

Some 2020 stats from NFL free agency 2021: Eagles sign Joe Flacco to be the backup quarterback to Jalen Hurts - CBSSports.com:

"Flacco is coming off a season as Sam Darnold's backup with the New York Jets. He ended up starting four games in New York, completing a career-low 55.2% of his passes for 864 yards with six touchdowns to three interceptions and an 80.6 passer rating. The Jets averaged 16.25 points in Flacco's four starts, but they averaged 27.5 points over his last two starts -- including matching a season high with 28 points in a Week 11 loss to the Los Angeles Chargers."

Consensus is Eagles Overpaid for Flacco

So, the consensus is that the eagles overpaid for Joe Flacco. Given their salary cap situation, that is a fair assessment. That said, he should prove to be an excellent mentor for Jalen Hurts and, since the Birds aren't going anywhere next year, and the hope is that Hurst stays healthy, the signing makes sense from a non-financial viewpoint.

Go Birds! E-A-G-L-E-S

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

2021-03-24T13:56:00.013-04:00

Coffee = [Not?] Required

Thank you to Rebecca Skilbeck of Forbes.com for your excellent article: 7 Strategies For Maintaining Employee Motivation When Remote (forbes.com). Below, we list the 7 strategies, and add our own commentary to each (along with some cool pics!).

Feels So Good!

1. Set Clear Achievable Goals - whether its a target weight, a target mile time or a targeted work project we can clearly finish while achieving identifiable objective, we humans love the idea of meeting goals. #winning is something we all love to do, and we feel better when we do so.

And the fans go wild!

2. Recognize and Celebrate Achievements - It's the little things in life. A big raise once a year makes a worker feel great for a little while. But, if you want to motivate year-round, small rewards are the way to go.

Here in Philadelphia, when an opponent of the Philadelphia 76ers misses two straight free throws in the second half of a game, every fan in attendance gets a free small Frosty from Wendy's. Now a small Frosty is about a buck, and I doubt most fans ever cash in on the deal, but the fans GO NUTS every any opposing player steps to the line in the second half, and when they miss two in a row, the fans blow the roof off of the joint.

Humans love the very prospect of getting free stuff, and getting free stuff for doing a good job has the added benefit of making an employee feel valued. Not to mention, you get to feel the benefits of the gift of giving, and your clients/customers reap the rewards of your more productive staff! What's not to love here?

So Easy to Do - and a Self-Fulfilling Approach

3. Provide Positive Feedback - I mean, come on - who doesn't love a little pat on the back some times? Make it a goal to provide positive feedback for your employees. It won't even cost you the price of a Frosty!

Every One, Every Where

Strives for Personal Development

4. Create Space for Personal Development - We cannot to much to improve on Ms. Skilbek's own words:

People join an organisation for the current role and for future career opportunities. In fact, 33% of jobseekers say professional development is the most important factor in accepting a new job. If an organisation doesn’t deliver against the employee value proposition (EVP) sold during the recruitment process, top talent walks out the door.With remote working and L&D budgets slashed, encouraging self-directed learning and creating a culture of continuous learning is a must. Managers play a key role in ensuring employees have time and space for personal development. Without support, many employees deprioritise their personal development which leads to disengagement. 94% of employees say they would stay at a company longer if it invested in their career development.

Research shows that investing in employee development leads to 11% greater profitability and 2X higher employee retention.

How About Your Work Life?

5. Foster Connection and Purpose - Well it's a little easier to explain the frosty phenomenon than this one! It begins with a simple maxim - people working remotely feel less connected to their job. They are feeling vocationally (not to mention socially) isolated. To counter that, employers need to establish a meaningful, reliable connection between the company and its workers. The suggestions for doing so include managers increasing their informal check-ins with workers, holding remote social hours via Zoom and the like, conducting lunch and learns, etc.

Fair or Foul?

6. Establish Clear Boundaries - Burn out, burn out. One of the obvious major hurdles about working from home is separating work life from home life! Technology, combined with the different schedules we all keep, make this seemingly impossible. Look, when your boss, who likes to conclude her day's work at around 11:00 p.m., sends you an e-Mail at 11:00 p.m. - you feel the need to answer her right away. Never mind that bowl of ice cream, Walking Dead episode or your spouse's advances - your phone is on and nearby (isn't it always?!) and , when it dings, you ;pick up.

You have to stop doing that.

And, for your further edification:

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Yeah - NO.

7. Experiment and Personalize - Although it comes in at No. 7, it seems to encapsulate almost all of the others, and requires exceptional soft skills from managers and supervisors. Some need a kick in the pants, others, a pat on the back. So don't kick everyone in the pants, even if that is go to modus operandi.

Sure, it worked for Vince Lombardi in 1963 - but it ain't 1963 any more.

Explore what makes each employee work, and work most productively. Embrace that, feel that. Then cultivate a work environment (schedule, reporting responsibilities, job duties) that reflect that worker's best skills.

Wait, What - There's More?!

BONUS: Check out our recent, related Articles:

YOU MAY ALSO FIND WORTHWHILE:

Workplace Drug Testing Data – Marijuana Most Commonly Detected Drug, Fentanyl Use Skyrockets During Pandemic

Survey of State Drug Testing Laws - What States Have Laws Authorizing Random Drug Tests?

List: Seven Great Strategies for Retaining, Developing and Motivating Remote Workers in 2021

2021 Employment Trends? Soft Skills, Flexible Work Arrangements, Pay Transparency (!) and more!

How Many American Workers Are Currently Working from Home? What Are the Biggest Obstacles to Working from Home? Will Telework Continue When Pandemic Ends?

5 Biggest Challenges Facing Employers in the Post-Pandemic World - and Some Potential Strategies and Solutions

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts?

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal

List: Oldest Colleges and Universities in Each State of the United States

2021-03-24T11:44:00.007-04:00

Courtesy: MAP: The Oldest College In Every State (businessinsider.com)

What Are the Oldest Colleges in Each State in the United States?

Oldest College By State:

Alabama — University of North Alabama

Location — Florence, AL
Date Founded — 1830

Alaska — University of Alaska Fairbanks

Location — Fairbanks, AK
Date Founded — 1917

Arizona — University of Arizona

Location — Tucson, AZ
Date Founded — 1885

Arkansas — University of the Ozarks

Location — Clarksville, AR
Date Founded — 1834

California — Santa Clara University

Location — Santa Clara, CA
Date Founded — 1851

Colorado — University of Denver

Location — Denver, CO
Date Founded — 1864

Connecticut — Yale University

Location — New Haven, CT
Date Founded — 1701

Delaware — University of Delaware

Location — Newark, DE
Date Founded — 1743

Florida — Florida State University

Location — Tallahassee, FL
Date Founded — 1851

Georgia — University of Georgia

Location — Athens, GA
Date Founded — 1785

Hawaii — University of Hawaii at Manoa

Location — Honolulu, HI
Date Founded — 1907

Idaho — Brigham Young University - Idaho

Location — Rexburg, ID
Date Founded — 1888

Illinois — McKendree University

Location — Lebanon, IL
Date Founded — 1828

Indiana — Vincennes University

Location — Vincennes, IN
Date Founded — 1801

Iowa — Loras College

Location — Dubuque, IA
Date Founded — 1839

Kansas — Baker University

Location — Baldwin City, KS
Date Founded — 1858

Kentucky — Transylvania University

Location — Lexington, KY
Date Founded — 1780

Louisiana — Centenary College of Louisiana

Location — Shreveport, LA
Date Founded — 1825

Maine — Bowdoin College

Location — Brunswick, ME
Date Founded — 1794

Maryland — St. John's College

Location — Annapolis, MD
Date Founded — 1696

Massachusetts — Harvard University

Location — Cambridge, MA
Date Founded — 1636

Michigan — University of Michigan — Ann Arbor

Location — Ann Arbor, MI
Date Founded — 1817

Minnesota — University of Minnesota — Twin Cities

Location — Minneapolis, MN
Date Founded — 1851

Mississippi — Mississippi College

Location — Clinton, MS
Date Founded — 1826

Missouri — Saint Louis University

Location — St. Louis, MO
Date Founded — 1818

Montana — Rocky Mountain College

Location — Billings, MT
Date Founded — 1878

Nebraska — Peru State College

Location — Peru, NE
Date Founded — 1867

Nevada — University of Nevada - Reno

Location — Reno, NV
Date Founded — 1874

New Hampshire — Dartmouth College

Location — Hanover, NH
Date Founded — 1769

New Jersey — Princeton University

Location — Princeton, NJ
Date Founded — 1746

New Mexico — New Mexico State University

Location — Las Cruces, NM
Date Founded — 1888

New York — Columbia University

Location — New York, NY
Date Founded — 1754

North Carolina — Salem College

Location — Winston Salem, NC
Date Founded — 1772

North Dakota — University of North Dakota

Location — Grand Forks, ND
Date Founded — 1883

Ohio — Ohio University

Location — Athens, OH
Date Founded — 1804

Oklahoma — University of Central Oklahoma

Location — Edmond, OK
Date Founded — 1890

Oregon — Willamette University

Location — Salem, OR
Date Founded — 1842

Pennsylvania — University of Pennsylvania

Location — Philadelphia, PA
Date Founded — 1740

Rhode Island — Brown University

Location — Providence, RI
Date Founded — 1764

South Carolina — College of Charleston

Location — Charleston, SC
Date Founded — 1770

South Dakota — Augustana College

Location — Sioux Falls, SD
Date Founded — 1860

Tennessee — Tusculum College

Location — Tusculum, TN
Date Founded — 1794

Texas — Southwestern University

Location — Georgetown, TX
Date Founded — 1840

Utah — University of Utah

Location — Salt Lake City, UT
Date Founded — 1850

Vermont — Castleton State College

Location — Castleton, VT
Date Founded — 1787

Virginia — College of William & Mary

Location — Williamsburg, VA
Date Founded — 1693

Washington — University of Washington

Location — Seattle, WA
Date Founded — 1861

West Virginia — Bethany College

Location — Bethany, WV
Date Founded — 1840

Wisconsin — Carroll University

Location — Waukesha, WI
Date Founded — 1846

Wyoming — University of Wyoming

Location — Laramie, WY

Date Founded — 1886

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What Universities Receive The Most Applications for Admission

The Leader - Year In and Year Out