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Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It

There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more

5/17/2022  /  Cannabidiol (CBD) oil , Corporate Counsel , Disability Discrimination , Drug Testing , Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , Termination

Verdict Requiring Employer to Accommodate Employee’s Request for Service Dog Leaves Employers Scratching Their Ears…I Mean Heads

It all began when the Union Pacific Railroad told employee Perry Hopman, a combat veteran, on two separate occasions that he could not allow his service dog – a 125-pound Rottweiler named Atlas – to accompany him to work to...more

8/17/2021  /  Americans with Disabilities Act (ADA) , Corporate Counsel , Employees , Reasonable Accommodation

The Bankruptcy Code’s Automatic Stay Is Not So Automatic for DOL Wage and Hour FLSA Enforcement Actions

The U.S. Bankruptcy Code (the “Code”) § 11 U.S.C. § 362(a)(1) provides that when a party files for bankruptcy, an automatic stay is triggered. However, it turns out that there are limitations to the type of cases that these...more

7/6/2021  /  Automatic Stay , Bankruptcy Code , Corporate Counsel , Department of Labor (DOL) , Enforcement Actions , Fair Labor Standards Act (FLSA) , Wage and Hour

Employment Law Issues Continue to Evolve with Hairstyle, Sex Gossip, and Emotional Outburst Disability Protections

Employment law is constantly evolving and changing to keep up with the evolving workforce and work-related issues. For example, in the last year, we have seen a changing landscape focused on gender bias and discrimination...more

3/12/2019  /  Americans with Disabilities Act (ADA) , Corporate Counsel , Employer Liability Issues , Employment Discrimination , Equal Employment Opportunity Commission (EEOC) , Hiring & Firing , NYCCHR , Race Discrimination , Title VII

An Ounce of Prevention is Worth a Pound of Cure: Ohio’s Data Protection Act Becomes Effective November 1, 2018

Introduction - The Ohio Data Protection Act comes into effect November 1, 2018. The law is important for business data holders because it grants them a defense if a data breach occurs and the company can prove it had a...more

10/26/2018  /  Affirmative Defenses , Corporate Counsel , Cybersecurity , Data Protection , Gramm-Leach-Blilely Act , Health Insurance Portability and Accountability Act (HIPAA) , HITECH Act , Popular , State and Local Government

Tennessee Adds Technical Requirements To Its Data Breach Notification Laws

Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of...more

4/26/2017  /  Corporate Counsel , Data Breach , Data Security , Encryption , Personally Identifiable Information , Popular , State Data Breach Notification Statutes
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