California Employment News: Expanded Workplace Protections Regarding Cannabis Use
#WorkforceWednesday: Employees’ Off-Duty Conduct, Violence at Work Rises, the Election and the Gig Economy - Employment Law This Week®
As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more
AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more
Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more
A través de la Sentencia C-331 de 20231, la Corte Constitucional de Colombia declaró la exequibilidad condicionada del literal (a) del artículo 6 de la Ley 2191 de 2022, el cual disponía que estaban exceptuados de disfrutar...more
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
In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more
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
Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees...more
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more
(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more
Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more
Resolving prior uncertainty regarding the impact of the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) on employees’ employment rights, the New Jersey Supreme Court recently held that employees can maintain an...more
Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more
At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more
A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more
Recently, a 3-member panel of the National Labor Relations Board (“NLRB” or “Board”) ruled that the University of Pittsburgh Medical Center (“UPMC”) unlawfully prohibited off-duty employees from distributing literature in...more
Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more
Addressing an employment issue of interest in an increasingly digital world, the Seventh Circuit Court of Appeals (which has jurisdiction over lower federal courts in Illinois, Indiana, and Wisconsin) recently upheld a...more
Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more