The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more
On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with...more
The United Food and Commercial Workers International Union, AFL-CIO, CLC (UFCW), and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) have filed a petition for review of OSHA’s recent...more
An employer’s failure to notify an employee of the cost of a confirmatory re-test of his original drug test specimen is a violation of the Iowa drug testing law. Woods v. Charles Gabus Ford, Inc., Case No. 19-0002 (Iowa June...more
Montana Governor Greg Gianforte signed legislation on May 18, 2021 that will provide protections for off-duty use of marijuana starting on January 1, 2022.
Montana citizens voted to legalize recreational marijuana in...more
The Occupational Safety and Health Administration’s (OSHA) recent Updated Interim Enforcement Response Plan for COVID-19 (Response Plan) was issued on the same day it announced its National Emphasis Program (NEP)...more
2021 has brought a flurry of activity surrounding marijuana laws, particularly recreational marijuana use. The number of states approving recreational marijuana continues to grow...more
The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan for COVID-19 (Response Plan) to regional administrator and state plan designees on March 12, 2021. Although not...more
4/2/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
General Duty Clause ,
Hospitals ,
Inspections ,
Masks ,
NEP ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Recordkeeping Requirements ,
Workplace Safety
The country begins the second year of the COVID-19 pandemic with optimism because of three Emergency Use Authorization vaccines and President Joe Biden’s direction that all states make all adults eligible for vaccination by...more
3/24/2021
/ American Rescue Plan Act of 2021 ,
Americans with Disabilities Act (ADA) ,
Caregivers ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
General Duty Clause ,
GINA ,
Hiring & Firing ,
Layoffs ,
OSHA ,
Paid Sick Leave ,
Quarantine ,
Rehabilitation Act ,
Return-to-Work Agreements ,
Vaccinations ,
Workplace Safety
Criticizing the Occupational Safety and Health Administration’s (OSHA) enforcement efforts during the COVID-19 pandemic, the Department of Labor Office of the Inspector General (OIG) pushes for a COVID-19, virus-specific...more
3/5/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
General Duty Clause ,
Health Care Providers ,
Healthcare Facilities ,
Inspections ,
Inspector General ,
OSHA ,
Personal Protective Equipment ,
Restaurant Industry ,
Retailers ,
Safety Standards ,
Workplace Safety
A Missouri-based manufacturer of animal pharmaceuticals had just cause to terminate a 37-year employee who tested positive for marijuana despite the union’s argument that the employee’s personal use of CBD oil and marijuana...more
Long-term care facilities have been hit hard by COVID-19. As we approach the one-year anniversary of this national emergency, many facilities have grown accustomed to the additional reporting and scrutiny. However, this...more
As the Occupational Safety and Health Act (OSH Act) turned 50 in December 2020, the Center for Progressive Reform (CPR) issued “OSHA’s Next 50 Years: Legislating a Private Right of Action to Empower Workers,” in which it...more
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University...more
On December 29, 2020, the U.S. Department of Labor (“DOL”) issued two field assistance bulletins (“FABs”) aimed at clarifying obligations under the Family and Medical Leave Act (“FMLA”) in light of the prevalence of telework...more
The Occupational Safety and Health Administration (“OSHA”) kicked off the new year with a friendly reminder that covered employers must electronically submit Form 300A data for calendar year 2020 between January 2, 2021 and...more
Voters in Arizona, Mississippi, Montana, New Jersey, and South Dakota approved laws to legalize marijuana on Election Day 2020. Recreational marijuana was approved in Arizona, Montana, and New Jersey, while Mississippi voters...more
A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive...more
A Pennsylvania federal court refused to dismiss an employee’s claim for violation of the Pennsylvania Medical Marijuana Act (MMA), reasoning that the Pennsylvania Supreme Court is likely to recognize a private cause of action...more
The U.S. Department of Transportation’s (“DOT”) Office of Drug and Alcohol Policy Compliance (“ODAPC”) has again extended its April 4, 2020 Statement of Enforcement Discretion for Substance Abuse Professionals and Service...more
According to a new Quest Diagnostics study, employers saw the highest rate of positive workforce drug test results since 2003. As expected, marijuana was the most detected drug, including in states where marijuana remains...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid...more
The compensability of medical marijuana costs for a workers’ compensation claim turns on an individualized inquiry of whether such treatment is reasonable and necessary, and not whether the use of medical marijuana is...more
On July 16, 2020 the Department of Labor (“DOL”) unveiled its new FMLA forms. As we previously reported, the DOL announced its plan to revamp the forms in August 2019. However, the DOL made further revisions to the August...more
Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause...more