Popular, Off-Duty Employees

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

Proskauer - Labor Relations Update on 9/4/2024

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

A Look at New California Labor and Employment Laws for 2024

Holland & Knight LLP on 1/2/2024

The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more

2023 Labor & Employment Law Update for California Employers

Allen Matkins on 12/13/2022

2022 was again a busy year for the California Legislature's enactment of new laws affecting California employers in 2023. Below you will find our annual Employment Law Update. CALIFORNIA EXPANDS EMPLOYER PAY SCALE DISCLOSURE...more

Class Action Trends Report Winter 2022

Jackson Lewis P.C. on 2/16/2022

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Ontario, Canada: Bill 27, Working for Workers Act, 2021 Receives Royal Assent

Littler on 12/6/2021

On November 30, 2021, Ontario announced that it had passed Bill 27, Working for Workers Act, 2021 (Act). The Act received Royal Assent on December 2, 2021, and came into force on that day. Bill 27 requires employers to...more

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on 4/5/2021

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Maine Prohibits Employers From Discrimination Based on Off-Duty Marijuana Use

Parker Poe Adams & Bernstein LLP on 2/19/2018

In 2016, Maine voters approved a referendum that legalizes use of recreational marijuana in the state. Among other things, the referendum prohibits employers from discrimination against employees based on off-duty marijuana...more

Maine Employees Now Protected From Repercussions Of Off-Duty Marijuana Use

Seyfarth Shaw LLP on 2/2/2018

Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on 1/30/2018

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Data Protection Alert - How data protection impacts labor law

Kramer Levin Naftalis & Frankel LLP on 11/29/2017

One of the aspects of digitalization is that it blurs the lines between personal and professional lives of employees. Such acknowledgement is reflected in EU and French laws, notably with regard to teleworking and the right...more

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

Fisher Phillips on 6/9/2017

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

Spouse Swapping Not Cool for Police Officers, Says the Fifth Circuit

Bradley Arant Boult Cummings LLP on 5/30/2017

Just how much can you regulate a public employee’s off-duty conduct? In an interesting and rather frank opinion, the Fifth Circuit found a sheriff’s department could regulate deputies’ private conduct pretty broadly. In...more

France: Employees and Digital Devices Outside Working Hours, European Labour & Employment Update

Jones Day on 3/22/2017

New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more

Think Before You Call: Contacting Employees On FMLA Leave

Jackson Lewis P.C. on 2/22/2017

How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was...more

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

Obermayer Rebmann Maxwell & Hippel LLP on 4/20/2016

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

So What About Those “BlackBerry Claims” We’ve Been Worried About?

Seyfarth Shaw LLP on 12/15/2015

BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the Northern District of...more

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

Seyfarth Shaw LLP on 7/17/2015

In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2015

It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new...more

Colorado Medical Marijuana Case is Not as Far-Reaching as Expected

Clark Hill PLC on 6/27/2015

On June 15, 2015, the Colorado Supreme Court issued its highly anticipated decision in Coats v. Dish Network. In a unanimous decision, the court in Coats upheld the termination of an employee who failed a random drug test...more

Department of Labor Seeks Information about Employees' Use of Smartphones

Franczek P.C. on 6/2/2015

The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

Baker Donelson on 5/20/2015

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Looking Over Your Employees' Shoulders

Fisher Phillips on 4/2/2015

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Employee Who Admits To Smoking Marijuana Off-Duty and for Non-Medicinal Purposes Eligible to Receive Unemployment Benefits

Franczek P.C. on 12/11/2014

If an employee admits to smoking marijuana and is subsequently discharged based on that admission, you would think that if the employee later files for unemployment insurance benefits he would be deemed ineligible…, right?...more

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