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Federal v State Law Application Hiring & Firing

FordHarrison

Noncompete News: Will New York City's Noncompete Ban Beat the FTC Final Rule to the Punch?

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As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

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In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Miles & Stockbridge P.C.

A Growing Number of States, Including Virginia, Have Started Requiring Reporting of Independent Contractors to the State New Hire...

Under federal law, all employers (including public, private, government and not-for–profit employers, and employment agencies) are required to report certain data about new employees hired within 20 days of the employee...more

Hinshaw & Culbertson - Employment Law...

Lessons From Smithfield Pork Packing Plant Lawsuit: Could OSHA Preempt Worker Retaliation Claims Concerning Employer COVID-19...

In a workplace safety whistleblower lawsuit recently filed in the U.S. District Court for the Middle District of Florida, an air conditioning technician claims he was fired by his employer, HT Airsystems of Florida, LLC, in...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Proskauer - Law and the Workplace

Illinois Legalizes Recreational Marijuana: Impact on Employers

Illinois will soon become the eleventh state to legalize the recreational use of marijuana.  On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”).  The CRTA,...more

Farella Braun + Martel LLP

Are You Background Checking Your Contractors? If So, Exercise Caution.

Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more

Seyfarth Shaw LLP

Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII

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Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must...more

Fox Rothschild LLP

Employment Compliance In The Age Of Legalized Marijuana

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Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

Fisher Phillips

Federal Court Blocks Portions of California’s New Workplace Immigration Law

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Immigration has, and continues to be, a major flashpoint between California and the Trump administration. In 2017, the California legislature passed significant legislation (AB 450) impacting how California employers deal...more

Farella Braun + Martel LLP

California WARN Act Notice Requirements Apply to Temporary Layoff

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

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The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Foley & Lardner LLP

Mass. Court Clouds Marijuana in the Workplace Issues

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A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Bowditch & Dewey

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

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On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Holland & Knight LLP

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

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In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

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We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Zuckerman Spaeder LLP

Ex-General Counsel Dodged Privilege Claims Before $14.5 Million Verdict

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In our last post, we detailed how Sanford Wadler, the former general counsel of Bio-Rad Laboratories, won a $14.5 million verdict against Bio-Rad. Before Wadler could get to a jury, however, he had to surmount a...more

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