Are employees allowed to say whatever they want if it relates to their views on politics, LGBTQ+ rights, and working conditions?

The First Amendment protects Americans’ freedom of expression, but it doesn’t prevent a private employer from setting its own rules or terminating an employee for saying something the organization doesn’t like. Although employees don’t have a constitutional right to free speech at work, employers should still be aware of any laws that protect workers’ speech in certain situations.

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• Delaware Legalizes Recreational Marijuana – Delaware’s governor has allowed House Bill 1 to be enacted without a signature, making Delaware the 22nd state to legalize marijuana for adult recreational use as of April 22, 2023. The governor also allowed House Bill 2, which regulates recreational marijuana sales in the state, to go into effect without a signature on April 26, 2023. Medical marijuana has been legal in Delaware since 2011. Read more: Delaware Legal Update

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Virtual (remote) inspection of new hire identification documents for Form I-9 is ending July 31st. On May 4, 2023, the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) announced that employers have until Aug. 30, 2023, to complete physical inspection of identity and employment eligibility documents (e.g., passport, driver’s license, etc) for any employee whose Employment Eligibility Verification form (Form I-9) was completed virtually according to the temporary flexibilities extended during the COVID-19 pandemic.

Since March 2020, virtual inspections of identity and employment eligibility documents have been permitted in situations where all employees are working remotely due to COVID-19 or when a new employee is working remotely due to COVID-19 after April 1, 2021. The DHS and ICE announced in October 2022 that the flexibility provisions would end on July 31, 2023, but employers will now have one additional month to physically inspect identity and employment eligibility documents for employees hired on or after March 20, 2020, and who have received only a virtual or remote examination.

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While all marijuana use remains illegal under federal law, most states have enacted laws that allow certain uses of marijuana. Many of these laws either directly restrict employers or implicate provisions of other laws that may restrict employers. Most state-legalized marijuana laws do not restrict an employer’s rights to:

• Administer drug tests (though some state laws do restrict testing for marijuana); or
• Prohibit employees from using or being under the influence of marijuana at work or during work hours.

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A candidate’s experience throughout the job application process directly relates to employee attraction within an organization. If a candidate has a quick, easy process, they are more likely to complete the application and potentially accept an offer from the company. Consider the following tips to help create a user-friendly job application:

• Remove barriers to entry
• Make it quick
• Create a mobile-friendly option
• Automate the process
• Get feedback from current employees
• Mirror your culture and communication style
• Generate clear job descriptions

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• Are bonuses affected by workers’ time off under the FMLA?
• What happens if a company doesn’t properly pay employees and if the same company also hires underage children?
• Are companies required to combine the hours worked by employees who work at multiple locations?
• If an employee is not a U.S. citizen, does that person have minimum wage protection?

These questions were answered by recent real-world court cases.

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Employers are always seeking ways to retain their valuable employees. Unfortunately, it can be difficult figuring out exactly why workers jump ship. Instead of waiting for a two weeks notice, many employers are conducting stay interviews as a way to head off potential departures.

Stay interviews are typically meetings conducted with each employee and their supervisor. Unlike performance reviews, these meetings focus on an existing employee’s attitude toward an organization. Specifically, stay interviews attempt to discover the following:

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Arkansas to Disqualify Unemployment Claimants Who Ghost Employers – On Feb. 21, 2023, Arkansas adopted the Prohibiting Unemployment Claimants from Ghosting Employers Act of 2023 (PUCGEA). As the name suggests, the purpose of this law is to disqualify individuals from unemployment benefits if they ghost possible employers, meaning they fail to respond to an offer of employment or appear for a previously scheduled job interview. This law becomes effective on Jan. 1, 2024.

Read more: Arkansas Legal Update

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