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Hiring & Firing › Private Right of Action

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

Bradley Arant Boult Cummings LLP on

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

Bradley Arant Boult Cummings LLP on

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Stark & Stark

New Jersey Cannabis Law Does Not Imply a Private Right of Action for Job Applicants Who are Denied Employment Due to Cannabis Use

Stark & Stark on

On December 9, 2024, the United District Court of Appeals for the Third Circuit issued an important decision whether New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”)...more

Littler

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

Littler on

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or...more

Fox Rothschild LLP

Massachusetts Mandates Wage, Salary Transparency

Fox Rothschild LLP on

Massachusetts employers with 25 or more workers will soon be required to include pay ranges in all job postings under a new state law aimed at increasing salary transparency. The Commonwealth joined the wave of states and...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

Fisher Phillips on

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Fisher Phillips

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

Fisher Phillips on

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

Partridge Snow & Hahn LLP

Rhode Island Legislative Update

Partridge Snow & Hahn LLP on

It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island based employees. 2023 was no different. Following is a short summary of...more

Saul Ewing LLP

No Private Cause of Action Under NJ’s CREAMMA

Saul Ewing LLP on

New Jersey’s adult-use cannabis law does not provide aggrieved individuals with a private right of action, according to a recent decision from a New Jersey federal court. The Cannabis Regulatory, Enforcement Assistance, and...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Significantly Expands Rights and Protections of Temporary Workers Through the Recently Enacted Temporary Workers’ Bill...

Sheppard Mullin Richter & Hampton LLP on

On February 6, 2023, New Jersey Governor Phil Murphy signed the Temporary Workers’ Bill of Rights, significantly expanding the rights and protections afforded to the 127,000 temporary workers in New Jersey. The new law, which...more

Fisher Phillips

Top 8 Takeaways from New Jersey’s Sweeping “Temporary Workers’ Bill of Rights”

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New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more

Fisher Phillips

10 Takeaways as New Jersey Set to Drastically Limit Non-Competes and Other Restrictive Covenants

Fisher Phillips on

The New Jersey legislature is currently considering legislation that would add the state to the growing list of jurisdictions that have significantly limited the scope and enforceability of non-competition agreements and...more

Holland & Knight LLP

Massachusetts Supreme Judicial Court Analyzes State's Domestic Violence and Abuse Leave Act

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The Massachusetts Supreme Judicial Court (SJC) on Aug. 25, 2021, issued an opinion interpreting the Massachusetts Domestic Violence and Abuse Leave Act (DVLA) for the first time since its enactment in 2014. The SJC applied a...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Ballard Spahr LLP

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

Ballard Spahr LLP on

On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

Jackson Lewis P.C.

Nevada: New Laws Imposing New Requirements On Employers

Jackson Lewis P.C. on

At the conclusion of the Nevada Legislature’s 81st Session, Nevada Governor Steve Sisolak signed several bills into law affecting every point of the employer-employee relationship, from application to termination. Changes...more

Fox Rothschild LLP

Connecticut To Require Disclosure Of Employee Wage Ranges, Expand Pay Equity Law

Fox Rothschild LLP on

Governor Ned Lamont signed into law June 7, 2021, the Act Concerning the Disclosure of Salary Range for a Vacant Position (Act). The Act, which goes into effect October 1, requires Connecticut employers to provide certain...more

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

Pay Equity in Connecticut: New Legislation Requires Disclosure of Salary Ranges

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

In January of 2019, Connecticut implemented legislation that, among other things, prohibited employers from inquiring about an applicant’s prior salary history. The Nutmeg State took it a step further yesterday, when Governor...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Jackson Lewis P.C.

Federal Court Holds Pennsylvania Medical Marijuana Act Provides Private Right Of Action

Jackson Lewis P.C. on

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

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

Littler on

Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

Cozen O'Connor

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

Cozen O'Connor on

The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

Seyfarth Shaw LLP

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

Seyfarth Shaw LLP on

In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

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