News & Analysis as of September 22, 2024

Medical Marijuana

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Accommodating cannabis: A "how-to" for employers

Constangy, Brooks, Smith & Prophete, LLP on 2/9/2024

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Employment Flash - February 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 2/14/2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

[Event] Employment Practices Liability Insurance – Strategic Guidance For The Most Complex Epli Claim Coming Across Your Desk -...

American Conference Institute (ACI) on 10/30/2019

Back by popular demand, ACI’s EPLI conference returns to New York City. Whether you are a claims manager, underwriter, risk manager, in-house or outside counsel, this is your most worthwhile opportunity to network and...more

Growing Cannabis Laws: What’s an Employer to Do?

Lowndes on 7/18/2019

As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

Reminder: “Self-Prescribed” Marijuana Is Not “Legal” In Medical Marijuana States

Fox Rothschild LLP on 2/4/2019

A recent case out of Pennsylvania serves as a good reminder that even in states where medical marijuana is legal, individuals cannot “self-prescribe” and then seek to claim protections that might be available to properly...more

III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments

Cozen O'Connor on 1/31/2019

This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more

The ADA: Four Issues To Watch In 2018

Constangy, Brooks, Smith & Prophete, LLP on 10/6/2017

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Employment Law - August 2017 #2

Manatt, Phelps & Phillips, LLP on 8/31/2017

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work - Why it matters - Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

FordHarrison on 7/3/2017

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

FordHarrison on 12/20/2016

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

15 For ’15: Employment And Labor Resolutions For The New Year

Constangy, Brooks, Smith & Prophete, LLP on 1/8/2015

While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more

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