SimplyHR | Employment & Labor Blog 

If you think this sounds like a “bad joke,” think again. The United States Department of Labor (“DOL”) has been quite transparent as of late that it is ramping up its FMLA investigatory activities to include unannounced, on-site visits. Although the DOL has historically called employers to arrange on-site visits, particularly for FMLA investigations, the DOL has determined that unannounced, on-site visits is a more effective use of the DOL’s time and resources for both FLSA and FMLA investigations. The DOL’s practice concerning Visits to Employers is described in DOL Fact Sheet #44.

So, exactly what do you do to prepare for the unannounced visitor? 

Clients frequently seek advice concerning tips for avoiding and/or defending against employment discrimination claims. Read this blog entry for some tips you should consider.

OSHA has continued its proactive approach to targeting and inspecting businesses in 2013. It’s not like it used to be, when you could expect to be clear of an OSHA inspection if you kept your employees happy (i.e., no complaints to OSHA) and safe (i.e., no reportable accidents). If you met those two goals not long ago, then you were likely in the clear to avoid OSHA inspections in any given year.

The use of medical marijuana is currently authorized in 18 states and the District of Columbia. Two of these states—Colorado and Washington—have also legalized the recreational use of marijuana. Despite these recent changes in state law, marijuana remains illegal under federal law, creating confusion as to how the passage of these laws will affect employers’ rights in the workplace.

The simple answer is that state laws legalizing marijuana (whether for medicinal or recreational use), do not change an employer’s rights. Federal law still prohibits the use of marijuana, even for medicinal purposes.