A wave of strikes by fast-food and other low-wage workers continues to spread in major cities around the country as employees take action to increase their pay and gain other workplace rights and benefits. Strikes have taken place in New York City, Chicago, St. Louis, Detroit, and Milwaukee as the movement appears to be gaining strength.

The workers are not unionized and work in jobs traditionally not targeted by labor unions because the fast-food industry often relies on teen workers holding part-time and seasonal jobs. Since the recession, however, more adults with families have turned to jobs in the fast-food industry.

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The Colorado Court of Appeals has upheld an employee’s firing for off-duty marijuana use, despite medical and recreational use of the drug being allowed under state law.

A quadriplegic employee who used marijuana under the state’s medical marijuana amendment filed a lawsuit after he tested positive for drugs in violation of company policy and was fired. He claimed his employer violated the Colorado’s lawful off-duty activity statute, which prohibits termination for any “lawful activity” conducted off an employer’s premises during nonworking hours.

In its April 25th ruling, the appeals court held that the employee’s use of marijuana wasn’t lawful activity because “for an activity to be ‘lawful’ in Colorado, it must be permitted by, and not contrary to, both state and federal law.” Since marijuana use is illegal under federal law, the employer didn’t violate the law in terminating the employee.

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by Rebecca Hudson

Colorado’s new civil union law goes into effect May 1, meaning Colorado joins eight other states that permit civil unions or have similar laws that recognize them. Nine other states and Washington, D.C., allow same-sex marriage.

Under the Colorado Civil Union Act, the state will recognize civil unions entered into by same-sex and opposite-sex couples, granting rights afforded to traditionally married couples. But unlike a marriage, a civil union doesn’t provide federal protections or responsibilities. For example, under the Defense of Marriage Act (DOMA), federal programs define marriage as “between one man and one woman.” If a Colorado employer remains governed by federal law, any benefits it offers won’t be extended to partners in a civil union.

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U.S. Citizenship and Immigration Services (USCIS) has announced that it reached the statutory H-1B visa cap of 65,000 for fiscal year 2014 during the first week of the filing period. This is the first time since 2008 that the cap has been met during the first week.

The H-1B program allows U.S. businesses to employ foreign workers in specialty occupations requiring theoretical or technical expertise (e.g., scientists, engineers, and computer programmers).

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The long-awaited final Health Insurance Portability and Accountability Act (HIPAA) regulations released by the U.S. Department of Health and Human Services (HHS) in January become effective on March 26. According to the HHS, the regulations represent “the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented.” The regulations are based on changes under the Health Information Technology for Economic and Clinical Health (HITECH) Act and the Genetic Information Nondiscrimination Act (GINA).

New provisions

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by Kevin J. Skelly

Every year, employers must publicly report specific transactions or arrangements relating to unionization or the threat of unionization. The report must be made within 90 days after the end of the employer’s fiscal year. For employers whose fiscal years coincide with the calendar year, the reporting deadline will be at the end of March.

The report is made on Form LM-10, which is issued by the U.S. Department of Labor (DOL). Nongovernmental employers must file the form annually to disclose financial dealings with union officials and representatives.

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The Violence Against Women Reauthorization Act passed its last congressional hurdle February 28 when the House voted 286-138 in favor of the Senate-approved version of the bill. President Barack Obama has promised to sign the measure.

The original Violence Against Women Act (VAWA) passed in 1994. The most recent version expired in October 2011, and the new law reauthorizes it for another five years.

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The U.S. Department of Labor (DOL) observed the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) on February 4 by releasing a survey on its use and impact.

The survey, conducted in 2012, follows previous assessments in 1995 and 2000. Both employees and worksites were surveyed. Here are some of the key findings:

• Most worksites aren’t covered by the FMLA, but more than half of all employees are eligible. The survey’s executive summary notes that 17% of worksites reported being covered by the Act, and another 30% said they weren’t sure if they were covered. Although many employers are too small to be covered, most employees across the country are covered. According to the survey, 59% of employees meet the requirements to be eligible for the FMLA’s protections. The survey addressed what would happen if the law were changed to cover more employees. “Expanding eligibility to smaller worksites would modestly increase eligibility,” it states. “Currently, eligibility requires that firms have 50 employees within 75 miles of this worksite; lowering the cutoff to 30 employees would increase eligibility from 59 percent to 63 percent, [and] lowering it further to 20 employees would increase it to 67 percent.”

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by Judith E. Kramer

An Executive Order issued nearly four years ago dealing with employees of federal contractors is set to take effect on January 18.

President Barack Obama signed Executive Order 13495—Nondisplacement of Qualified Workers Under Service Contracts—on January 30, 2009. The order requires that contractors and subcontractors acquiring contracts that succeed contracts for the performance of the same or similar services at the same location must offer the predecessor contractor’s employees a right of first refusal of employment.

Authority to enforce the order lies with the U.S. Department of Labor (DOL), which issued its final regulations on August 29, 2011. The order is just now taking effect because the effective date was postponed until the Federal Acquisition Regulatory (FAR) Council issued its regulations. Both sets of regulations take effect on January 18, meaning that contracting agencies must include the new requirements in solicitations, new contracts, and contract modifications. Contractors’ obligations do not begin until the new requirements are included in the relevant contracting document by the contracting agency.

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by Javier F. Garcia

Washington’s new law concerning recreational marijuana use takes effect December 6, but it doesn’t require changes in employer policies.

Initiative 502 (I-502), approved in the November 6 election, is intended to make the production and sale of marijuana a regulated, state-licensed system similar to that for controlling hard alcohol. It means that adults over 21 no longer will be prosecuted under state law for possessing limited amounts of marijuana and using it in private.

Marijuana use remains illegal under federal law. Therefore, federal contractors and employers receiving federal funding will want to avoid policies that allow consumption of marijuana on the premises to prevent loss of funding and federal prosecution. Also, many employers have drug-free workplace policies and/or collective bargaining agreements that prohibit the use of alcohol and drugs, including marijuana in the workplace.

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