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Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1, 2022

On January 1, 2022, Philadelphia’s ordinance, titled, “Prohibition on Testing for Marijuana as a Condition for Employment,” Phila. Code § 9-5500, et seq., will take effect. The ordinance - which was passed by the Philadelphia...more

Pennsylvania Court Holds Medical Marijuana Act Allows Employees to Sue for Discrimination

On August 5, 2021, the Superior Court of Pennsylvania held for the first time that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to sue his or her employer for taking an adverse employment action based on the...more

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more

The Philadelphia Fair Workweek Ordinance: What Retail and Hospitality Employers Need to Know

We first wrote about Philadelphia’s Fair Workweek Employment Standards Ordinance shortly after it was signed into law on December 20, 2018. Now, with the Mayor’s Office of Labor having issued final regulations on February 3,...more

Philadelphia Passes Fair Workweek Employment Standards for Retail, Hospitality, and Food Service Establishments

Philadelphia enters the predictive scheduling mix with its newly signed Fair Workweek Employment Standards Ordinance, which will become effective January 1, 2020. Signed by Mayor Jim Kenney on December 20, 2018, the new law...more

Pennsylvania Highest Court Has Spoken: Former Employees Are Not Entitled to Inspect Their Personnel Files

Since January 6, 2016, almost 18 months ago, in accordance with a decision by the Commonwealth Court of Pennsylvania, employers in the state of Pennsylvania have been required to allow recently separated employees access to...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

Pennsylvania Still Requires Separate Consideration for Restrictive Covenant Agreements

In a much anticipated decision released on November 18, 2015, the Supreme Court of Pennsylvania closed the door—if it was ever open—on any arguments doing away with the separate consideration required for restrictive covenant...more

NLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions

Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements....more

Textual Feelings in the Workplace

For those romantics out there, February means Valentine’s Day! And, with Valentine’s Day comes overtures of romantic feelings (assuming the best of intentions) for your significant other or for those with whom you want to...more

NLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now

Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for...more

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