The legal landscape for Alaska employers is changing. Are you changing with it?

• Author: Saade, Renea
• Position: Legal Speak

Anyone who works in management or runs their own business knows all too well that the laws and regulations governing employees' working conditions are complex and constantly changing. This year has brought a number of legal developments that Alaska employers may need to address.

Recreational Marijuana Now Legal: Alaska Ballot Measure 2 decriminalized personal and private possession and recreational use of small amounts of marijuana as of February 24,2015. However, Section 17.38.120(a) of the new law confirms that employers can continue to prohibit employees from using, being under the influence of, possessing, or distributing marijuana at work and can include marijuana in post-offer drug testing. Similarly, employers do not have to make exceptions to their workplace drug policies for employees who claim they need to use marijuana as an accommodation for a disability under laws like the Americans with Disabilities Act. But some employees may misunderstand the scope of this new law and think they now have a green light to light up before or during their shift or to bring their personal crop into work to share with their friends. To head off any potential misunderstandings, Alaska employers are encouraged to review (and, if necessary, update) their written policies and perhaps send out a company-wide reminder to confirm if company policy prohibits marijuana.

"Independent Contractors" Under Fire: In July 2015, the US Department of Labor (DOL) made it clear that any working relationship classified as an "independent contractor," "freelancer," or "consultant" relationship will be highly scrutinized. In its guidance, DOL explains that the totality of the "economic realities" between the parties must be examined to determine if the parties are truly "independent"--and when that analysis is done, DOL predicts few relationships will meet the test. The guidance is another step in DOL's increased efforts to enforce wage and hours laws and payroll tax collection by thoroughly investigating potential misclassifications. As part of these efforts, DOL entered into memorandums of understanding with the Internal Revenue Service, Employee Benefits Security Administration, Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs, Office of Solicitor, and agencies of twenty-five states (including Alaska as of August 2015) confirming these agencies' intentions to share information and collaborate in investigative and...