Erin Clarke

Erin Clarke

Ballard Spahr LLP

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Colorado Supreme Court Upholds Firing Over Off-Duty Medical Marijuana Use

An employer did not act unlawfully when it fired a quadriplegic worker who used medical marijuana while off duty, the Colorado Supreme Court ruled today in a 6-0 decision. Affirming the April 2013 decision of the Colorado...more

6/17/2015 - Coats v Dish Network Controlled Substances Act Disabled Dish Network Drug Testing Hiring & Firing Lawful Activities Act Medical Marijuana Non-Work Hours Wrongful Termination

U.S. Supreme Court Denies Challenge to California Decision that PAGA Claims Cannot be Waived in Arbitration Agreements

The U.S. Supreme Court recently denied a petition for certiorari that challenged a California Supreme Court decision carving out an exception to the federal high court’s recent holdings in AT&T Mobility LLC v. Concepcion and...more

2/11/2015 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian v CLS Transportation PAGA Petition for Writ of Certiorari Preemption SCOTUS

DOL's Proposed Rule Would Generally Prohibit Pay Secrecy Policies for Federal Contractors

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a proposed rule this week that would prohibit federal contractors and subcontractors from discriminating against employees or...more

9/22/2014 - DOL EEOC Employer Liability Issues Equal Pay Federal Contractors OFCCP Pay Discrimination Subcontractors Transparency Wages

Supreme Court Invalidates NLRB Recess Appointments

The U.S. Supreme Court ruled yesterday that President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB) were invalid. Justice Stephen Breyer delivered the opinion of the Court in N.L.R.B. v. Noel...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Philadelphia Mayor Raises Minimum Wage for City Contractors and Subcontractors

Philadelphia Mayor Michael Nutter recently signed an executive order that will increase the minimum wage to $12 per hour for individuals working for employers who contract with the City, where the individual’s work arises...more

5/20/2014 - Contractors Minimum Wage Subcontractors Wage and Hour Wages

Executive Order Increases Minimum Wage for Federal Contract Workers

President Obama used his executive powers as promised in his State of the Union address and signed an Executive Order that will increase the minimum wage to $10.10 per hour for individuals working under federal contracts. The...more

2/19/2014 - Executive Orders Federal Contractors Minimum Wage

Fifth Circuit Rejects NLRB Ruling Invaliding Class Action Waivers in Arbitration Agreements

On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to...more

12/5/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRA NLRB

New Law in New Jersey Requires Unpaid Leave for Domestic Violence, Sexual Assault Victims

Effective October 1, 2013, certain employers in New Jersey must provide up to 20 days of unpaid leave to employees who have been victims of domestic violence or sexual assault....more

8/14/2013 - Chris Christie Domestic Violence New Legislation SAFE Act Sexual Assault Unpaid Leave

Supreme Court Issues Two Employer-Friendly Title VII Decisions

The U.S. Supreme Court yesterday issued two Title VII decisions favorable to employers. One case examined the definition of a supervisor under the anti-discrimination laws, and the other dealt with an employee’s burden of...more

6/25/2013 - Adverse Employment Action Discrimination Harassment Hiring & Firing Mixed Motive Cases Racial Discrimination Retaliation SCOTUS Supervisors Title VII Vance v. Ball State University

Employee’s Firing over Off-Duty Medical Marijuana Use Is Legal, Colorado Court Holds

The Colorado Court of Appeals recently held that an employee can be fired for testing positive for medical marijuana use, even though it occurred off the job, it was legal under state law, and the employee was never under the...more

5/7/2013 - Hiring & Firing Medical Marijuana Termination

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

1/15/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Mandatory Arbitration Clauses NLRA NLRB Protected Concerted Activity

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