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Nevada Employers Cannot Refuse to Hire Based on a Positive Marijuana Test

On June 5, 2019, Nevada became the first state to make it unlawful for employers to reject job applicants who test positive for cannabis. ...more

What Illinois' Authorization of Adult Use Cannabis Means for Employers

Last week, the Illinois legislature passed a landmark bill authorizing recreational marijuana. Shortly thereafter, Governor J.B. Pritzker tweeted that he looks forward to signing the bill into law. ...more

NJ to Issue Up to 108 New Medical Marijuana ATC Licenses, Will Transform State’s Program

On June 3, 2019, the New Jersey Department of Health (NJDOH) issued a much-anticipated Notice of Request for Applications (Notice) and announced that it is seeking new applicants to operate up to 108 new medical marijuana...more

New Jersey Dept. of Health Amends State Medical Marijuana Rules

On May 13, 2019, the New Jersey Department of Health (NJDOH) announced amendments to the state’s medical marijuana rules aimed at expanding access to the program, which implements New Jersey’s Compassionate Use Medical...more

NYC Employers – No More Pre-Employment Drug Tests for Marijuana

On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test....more

New Jersey Employers May Not Discriminate For Employees' Use of Medical Marijuana

On March 27, 2019, the New Jersey Appellate Division reversed the lower court’s dismissal of a complaint that alleged discrimination based on an employee’s use of medical marijuana. ...more

New Jersey Governor Signs Bill Impacting Non-Disclosure Agreements in Harassment Settlements and Arbitration Provisions

Over a year after its initial introduction, and after enough time to draw speculation (and perhaps some dust) on Governor Murphy’s desk, the Governor has signed Bill S121 into law. ...more

New Jersey Enacts Expansion of Family Leave Laws

On Tuesday, February 19, 2019, New Jersey Governor Phil Murphy signed into law Assembly Bill 3975 which expands the reach of several leave laws in the Garden State. Although the majority of the changes pertain to the state’s...more

New Jersey's (Gradual) Increase to $15 Minimum Wage

On Monday, February 4, 2019, New Jersey Governor Phil Murphy signed into law a bill that gradually raises the minimum wage to $15 over the next five years....more

Tenth Circuit to Decide if the FLSA Applies to Employers in the Cannabis Industry

In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more

New Jersey Makes Major Strides to Expand Cannabis Program

On November 26, 2018, the New Jersey legislature advanced three cannabis-related bills out of committee; the measures now go to the floor of each chamber, and votes could occur as early as December 17, 2018....more

Federal Court Rules that Federal Contractor’s Refusal to Hire Medical Marijuana User Violated State Law

In August of 2017, the U.S. District Court for the District of Connecticut made news when it ruled that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who...more

Three Questions for Employers to Consider Regarding Medical Marijuana

As the number of states authorizing use of cannabis increases for both medical and adult (i.e., recreational) purposes, the ambiguities and issues for employers continue to grow. Regardless of expansion at the state level,...more

New Jersey Poised to Double the Number of Medicinal Marijuana Licenses Available; Quick Turnaround Time to Submit Applications

As a gubernatorial candidate, Phil Murphy ran on a platform of legalizing marijuana in New Jersey. In just seven months since taking office, now-Governor Murphy has taken a number of actions that resulted in the ballooning of...more

NJ Legislature Poised to Bar Non-Disclosure Agreements in Harassment Settlements and Potentially Bar Arbitration of Certain Claims

Earlier this year, several New Jersey Senators introduced Bill S121 aimed at prohibiting provisions in employment contracts or settlement agreements which have "the purpose or effect of concealing the details relating to a...more

New Jersey Gets Closer to Restricting Non-Compete Agreements

In December 2017, we blogged about New Jersey Senate bill SB3518, which set forth sweeping restrictions that would limit the enforceability of non-compete agreements. Last week, the New Jersey Assembly Labor Committee...more

Employees or Independent Contractors? New Jersey Governor Establishes Task Force to Crack Down on Employee Misclassification

On May 3, 2018, New Jersey Governor Phil Murphy signed an Executive Order establishing the Task Force on Employee Misclassification (the "Task Force"). New Jersey already applies the more onerous "ABC test" for...more

Paid Sick Leave –New Jersey Employers Your 180 Days Start Now

The changes in New Jersey following the election of Governor Phil Murphy continue. On May 2, 2018, Governor Murphy signed the New Jersey Paid Sick Leave Act (the "Act"), making New Jersey the tenth state to guarantee...more

Following Election of Governor Murphy, New Jersey Finally Enacts Equal Pay Bill

On April 24, 2018, New Jersey Governor Phil Murphy signed the Diane B. Allen Equal Pay Act that was passed by the legislature several weeks ago and is aimed at lessening the wage gap in the Garden State. The Equal Pay Act is...more

Six Steps Companies Need to Take to Adapt in the #MeToo Era

The #MeToo movement has empowered women and men to speak out about their personal experiences with sexual harassment in and around their professional environment. This can present itself in either a formal complaint to the...more

Pennsylvania Legislature Joins the Trend to Limit Restrictive Covenants

On November 27, 2017, Pennsylvania became the next state to join the national trend to limit the use of restrictive covenants when a bill was introduced in the Pennsylvania House that would ban non-competition covenants in...more

New Jersey Legislature Wants to Limit Restrictive Covenants

In keeping with the national trend limiting the use of restrictive covenants, in November 2017, the New Jersey Senate introduced SB3518, a bill setting forth sweeping restrictions that would limit the enforceability of...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

Labor and Employment Law Roundup – The Year in Review

Employers have been buffeted over the last several years by significant changes in labor and employment laws at the federal, state and local levels, and 2015 was no exception. As the year draws to a close, here is a recap of...more

New Jersey Appellate Division Holds that Mandatory Arbitration Provisions Contained in Employee Handbooks are Unenforceable

New Jersey employers’ mandatory arbitration policies are likely to be found unenforceable when contained in an employee handbook, the New Jersey Appellate Division recently ruled. In C.M. v. Maiden Re Insurance Services, LLC,...more

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