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Off-Duty Employees Employee Rights

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Labour Government Proposes the Right to ‘Switch Off’

The United Kingdom continues to see rapid growth in the number of workplaces adopting remote and hybrid work arrangements, particularly in the wake of the COVID-19 pandemic. Although this new type of work offers many...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations....more

Weintraub Tobin

California Legislature Considers Employee’s “Right to Disconnect”

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In late March 2024, California Assemblyman Matt Haney (D-San Francisco) introduced a bill, AB 2751, that would recognize a right for employees in California to “disconnect” or ignore communications from their employer during...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Fisher Phillips

Should Your Company Give Employees the Right to Disconnect? Pros and Cons of Do-Not-Disturb Policies

Fisher Phillips on

It’s 7:30 PM on a Thursday night and you check your phone after finishing dinner – and you see a business emergency starting to brew. You could use some help from your team tonight to gear up for what is bound to be a crazy...more

Weintraub Tobin

California Employment News: Expanded Workplace Protections Regarding Cannabis Use

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New laws in 2024 expand workplace protections for employees regarding their current and past cannabis use. Nikki Mahmoudi and Tomiwa Aina review these changes, previewed in our 2024 Employment Law Update seminars, in this...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

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Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Sheppard Mullin Richter & Hampton LLP

NLRB Provides Off-Duty Contractor Employees With Property Access to Engage in Section 7 Activity

On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more

Littler

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

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Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

Parker Poe Adams & Bernstein LLP

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

​​​​​​​Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Passes Bill Protecting Employees’ Off-Duty Marijuana Use

​​​​​​​California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more

Littler

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

Littler on

Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

Polsinelli

District of Columbia Provides Employment Protections for Off-Duty Cannabis Use

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On June 7, 2022, the D.C. Council approved a bill that limits an employer’s ability to test for cannabis.  Under the Cannabis Employment Protections Amendment Act, most D.C. employers may not fire, fail to hire, or take other...more

Proskauer - Law and the Workplace

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing

On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”). If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain...more

Morgan Lewis

Rhode Island Legalizes Recreational Marijuana and Protects Off-Duty Use for Employees

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Rhode Island Governor Dan McKee signed a bill on May 25 legalizing recreational marijuana in the state. The law, which took effect immediately, prohibits basing adverse employment actions on off-duty marijuana use, unless...more

Manatt, Phelps & Phillips, LLP

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

Proskauer - Law and the Workplace

New York Department of Labor Issues Guidance on Cannabis and the Workplace

The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year...more

Akerman LLP - HR Defense

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more

Kramer Levin Naftalis & Frankel LLP

New York State Addresses a Chronic Issue: Employees Granted Protections for Off-Duty Cannabis Use

On March 31, 2021, Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA), legalizing the recreational use of cannabis in New York State for individuals age 21 or older. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Political Speech in the Workplace: Navigating a Rocky Political Climate in a Private Workplace

Recent events in Washington D.C. and elsewhere have heightened tensions across the United States and led to renewed questions from employees and employers regarding how to respond to political speech inside (and outside) the...more

Fisher Phillips

Employees’ Off-Duty Pandemic Conduct Can Create On-Duty Headaches For Healthcare Employers – How To Reduce Disruptions In Your...

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As the COVID-19 pandemic rages on and continues to hammer businesses, workers, and lifestyles with record-high infection rates and hospitalizations, companies still face challenges in ensuring employees comply with critical...more

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