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Americans with Disabilities Act (ADA) Preemption

Venable LLP

The Supreme Court Cases Employers Should Be Keeping an Eye on in the New Term

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Earlier this year, we wrote about some of the major cases and legal developments for employers to watch in 2023. With the start of the U.S. Supreme Court's new term last month, we are back to provide insight into the next...more

Littler

Littler Lightbulb – June Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

CDF Labor Law LLP

CA Court of Appeal Upholds Arbitration Agreement Under FAA Preemption

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Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

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Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

Benesch

OSHA’s Emergency Temporary Standard is here: Private Employers with at least 100 employees now subject to vaccine or testing...

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As President Biden previewed in a September speech, many employers with 100 or more employees will be required to mandate COVID-19 vaccines or regular testing and masking for employees. Key details of the Emergency Temporary...more

Smith Anderson

“Masks Off” - Now What For Employers?

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On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) announced new guidance stating that masks and physical distancing were no longer necessary for fully vaccinated individuals in most settings.  The...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

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Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

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

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

Saul Ewing LLP

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

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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

Littler

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

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Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Jackson Lewis P.C.

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

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Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

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

Chapter 21 of the Texas Labor Code Does Not Incorporate ADA’s Prohibition on Release of Confidential Health Information

Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws and frequently look to federal court decisions for guidance. However,...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - November 2016

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This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

Epstein Becker & Green

Benefits Litigation Update – Fall 2016

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A Publication from Epstein Becker Green and The ERISA Industry Committee - Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more

Epstein Becker & Green

Benefits Litigation Update – Summer 2016

Epstein Becker & Green on

Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary components... ...more

Clark Hill PLC

Owners and Developers Beware: Federal Law Preempts Your Remedies Against Design Professionals for ADA Violations

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Recent years have seen a proliferation of lawsuits against building owners and businesses for violation of the accessibility requirements of the Americans with Disabilities Act (ADA). Not only restaurants, but also hotels,...more

Benesch

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

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Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

Jackson Walker

Aviation Flyer - Summer 2014

Jackson Walker on

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

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