A recent Ogletree Deakins internal benchmarking survey of nearly 1,100 companies revealed that a chief concern of employers was how to hire and retain employees. The survey included companies of all sizes, varying from fewer...more
On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more
7/19/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Reasonable Accommodation ,
State Law Claims
In a recently issued trial court decision, Callaghan v. Darlington Fabrics Corp., a Rhode Island Superior Court justice held that an employer could not deny employment to an applicant licensed under state law to possess and...more
On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more
A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more
9/14/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Background Checks ,
Civil Rights Act ,
Collective Bargaining ,
Deflategate ,
Electronic Payment Transactions ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Minimum Wage ,
NFL ,
OSHA ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sexual Harassment ,
Sick Leave ,
Statute of Limitations ,
Title VII ,
Tom Brady ,
Unions ,
Wage and Hour ,
Workplace Investigations
The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more
8/17/2015
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Examinations ,
Mental Illness ,
Popular ,
Screening Procedures
On May 22, 2015, in an unpublished decision, Judge Andrew W. Roraback of the Connecticut Superior Court (Waterbury Judicial District) found that Connecticut’s statutory restrictions on urine-based drug testing did not apply...more