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Consent Orders Are Dead.

Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

Purple Haze: LPA Mandate Poised to Continue Causing Confusion and Chaos for California Cannabis Licensees

It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate...more

Employers Face Onerous Compliance Obligations Under the New Los Angeles County Fair Chance Ordinance

Effective September 3, 2024, employers with locations or employees (including remote workers) in the unincorporated areas of Los Angeles County (ULAC) will be subject to a new Fair Chance Ordinance. To say that the new...more

Are Bright Times Ahead for Employers at the NLRB?

On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper...more

NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their...

On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

Sweeping AI Executive Order Has Labor Implications for Employers

Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers...more

“Ambush” or “Quickie” Elections Are Back in Full: NLRB Issues Union-Friendly Elections Regulation

Seyfarth Synopsis: On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule dramatically altering union election processes. The Final Rule overturns many Trump-era regulations, thereby perpetuating an...more

Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme

Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis...more

Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more

The Supreme Court Pours Some Concrete on the Right to Strike

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more

Method and Madness Behind New California and Washington Cannabis Laws

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

Congress Enacts “Fair Hiring in Banking” to Remove Certain Barriers to Employment in the Financial Services Industry

On December 23, 2022, President Biden signed the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” which, among many other things, amends Section 19 of the Federal Deposit Insurance Act, 12 U.S.C....more

Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada...more

NLRB General Counsel Issues New Memorandum Regarding Electronic Management Of Employees

On October 31, 2022, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 23-02, wherein the General Counsel announced her intention to “protect employees” from what she...more

Nevada Supreme Court Holds Recreational Cannabis is Not a “Lawful” Off-Duty Product

In the last two years, more jurisdictions have passed laws providing employment protections to applicants and employees using cannabis on their free time, including in New York, Washington, DC, and California. Recently,...more

California Employers See Most Cannabis Testing Go Up in Smoke

On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances....more

New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey...more

Rhode Island Legalizes Cannabis for Recreational Use

Seyfarth Synopsis: On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational...more

District of Columbia Provides Employment Protections to Cannabis Users

The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more

To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices

Seyfarth Synopsis: The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports,...more

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