B/P Impressions

Do you agree with the majority of your generation when it comes to legalization of Cannabis?

As states continue to legalize cannabis for medical or recreational purposes, public support grows. According to Pew Research Center, in 2018, 62% of Americans believed Cannabis should be legalized. This is double what it was in 2000 (31%). The study also shows there are differences in generational views on legalization:

• 74% of Millennials
• 36% of Gen X
• 54% of Baby Boomers
• 39% of Silent Generation

Two reporting deadlines are quickly approaching. All employers with 100 or more employees, or federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts, must file the EEO-1 survey with the Equal Employment Opportunity Commission (EEOC). The purpose of EEO-1 reporting is to identify areas of discrimination in the workplace. Here is what you need to know.

Is cannabis (a.k.a. marijuana)* legal or illegal?

The answer is yes.

At present, cannabis is legal for medical use in 34 states and the District of Columbia. In 10 states and the District of Columbia, it is legal for recreational use. And yet it is illegal everywhere and for all purposes as far as the federal government is concerned. The Drug Enforcement Administration (DEA) continues to categorize it as a Schedule 1 drug, which means that it is perceived as having high potential for abuse. Furthermore, the Food and Drug Administration (FDA) has ascribed no accepted medical use to it, is not proceeding with any clinical trials, and offers no oversight for it.

Yet while governments may be confused, there's no need for your workplace to give your employees mixed messages.

• Can and should we screen social media accounts as part of the hiring process?
• We have good reason to believe an employee has been stealing from the register. What should we do?
• How do we keep an employee at-will but require them to give notice before leaving?
• Can we ask an applicant why they are leaving their current job?

Where do you turn for answers to these and other HR questions? Google? Colleagues? A coin flip?

Businesses spend an average of 25 hours per month trying to understand and resolve HR issues, and in too many cases much of that time is spent guessing or following poor advice. There's a better way to get reliable information faster, and we're inviting you to see how it works.

State versus federal, recreational versus medical, CBD versus THC. Since 1996, 33 states have approved medical marijuana/cannabis programs in some form, while 11 states have implemented recreational marijuana programs. Yes use of these substances is still considered a federal offense. So what does all of this mean for employers? If you're an employer asking this or one of many other related questions, we are here to help provide insight and guidance with our May HR theme: Marijuana & Other Substances in the Workplace.

Throughout April, we have been addressing the classification and paying of exempt employees. If you haven't already signed up for the free webinar on this topic that will be presented on Wednesday, April 24, we encourage you to do so below. As an employer, documented classification of employees is foundational. It dictates how the pay rules for employees should be set up, and it demonstrates compliance with applicable laws. If your organization doesn't already have a current employee classification policy, here's a template you can download and tailor to get started.

Anybody responsible for HR needs a little help now and then. Sometimes what's needed is just an update on a new labor law or filing deadlines. Sometimes a convenient HR calculator (e.g. Cost Per Hire, Employee Turnover, Absenteeism) would be useful. At other times, bigger questions with potentially bigger consequences arise. How great would it be if you could turn to one source for the information you need?

How confident are you in your answers to these questions:

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Do you know what the salary amount is for your lowest paid exempt employee? Is it below $35,308?

If the new Department of Labor (DOL) proposed overtime rule passes, this would be the new white-collar exception amount. This amount is higher than the current $23,660 requirement but lower than the now-blocked $47,476 that was adopted by the Obama administration in 2016.

If the new regulation passes, employers must be prepared to give employees below the set salary amount an increase or re-categorize them as a non-exempt employees and pay overtime for hours worked over 40 in a workweek. The DOL is estimating this could affect over a million workers' classifications and/or wages.

As an HR professional - or someone charged with HR responsibilities for an organization - what is your biggest fear? Is it snakes? Tight spaces? Heights? Or is it compliance?

Compliance is no joke, especially when you consider the potential fines and penalties your business could be assessed for not following established laws. And it often doesn't matter if the infractions are intentional or unintentional. Following are some examples of HR compliance areas you may think you have handled...but are you sure? Or are you just fooling yourself? If you aren’t certain, it could cost your organization more than just laughs.