Welcome to Issue #12 of The Compliance Brief. Every Tuesday I break down the HR and labor law updates that actually matter to small businesses — in plain English, no legal jargon.

Federal Marijuana Decriminalization Is Here — Your Drug Testing Policy Needs a Review

The federal government's move to decriminalize marijuana has direct implications for small business drug testing policies — and many employers haven't updated them.

The shift in federal posture means blanket zero-tolerance policies are increasingly problematic. Some states now restrict employers from taking adverse action based on off-duty marijuana use, and pre-employment screening that eliminates marijuana users is being challenged in states with recreational marijuana laws. Federal contractors and safety-sensitive roles still have stricter obligations, but for most small businesses the rules are now more nuanced.

The practical risk: a written policy that doesn't match what's legally permissible in your state, or inconsistent application that creates discrimination exposure.

Action step: Review your drug testing policy against your state's marijuana employment rules. If it hasn't been updated in the last 12 months — especially if you're in a recreational marijuana state — it probably needs a refresh.

1. The DOL Just Issued Four Opinion Letters

The Wage and Hour Division issued four new opinion letters covering overtime exemptions, bonus calculations, and compensable work time. Opinion letters are the DOL's official guidance on how wage-hour rules apply to real situations — worth reviewing even if your situation isn't identical. Particularly relevant if you have hourly staff or complex pay structures.

2. Tip Pool Violations Are a Live Enforcement Priority

Recent DOL investigations recovered back wages from restaurant and hospitality employers for invalid tip pools. Common mistakes: requiring tipped employees to share tips with non-tipped staff, applying tip credits incorrectly, or failing to notify employees in writing. If you have tipped workers, a quick audit of your tip practices is worth doing now.

3. The EEOC Rescinded Its Affirmative Action Guidelines

The EEOC voted to rescind its affirmative action interpretive guidelines and compliance manual section. Legal obligations around equal employment opportunity remain, but the agency's guidance on structuring voluntary diversity programs is now gone. If your business has formal diversity hiring goals or programs, have them reviewed against current standards.

✅ Review your drug testing policy against your state's marijuana employment rules

✅ Check the DOL's four new opinion letters for anything touching your pay structure or exempt classifications

✅ If you have tipped employees, audit tip pool practices and confirm tip credit notices are in writing

✅ If you have formal diversity hiring programs, review them against current EEOC standards

The DOL's Opinion Letters page has the four new letters plus a full archive: dol.gov/agencies/whd/opinion-letters

That's it for this week. Short, actionable, no fluff.

If this was useful, forward it to another small business owner who could use it.

See you next Tuesday.

The Compliance Brief thecompliancebriefhq.com

This is for informational purposes only and does not constitute legal advice.