Exit Strategies for Healthcare Employment Agreements
Successful Strategies for Employee Transitions
California Employment News: Considerations for Employment Termination (Podcast)
California Employment News: Considerations for Employment Termination
Work This Way: A Labor & Employment Law Podcast | Episode 9: Best Practices for Employers with John Saxon, Plaintiff’s Labor & Employment Attorney
#WorkforceWednesday: Termination Meetings on the Record - Employment Law This Week®
What's the Tea in L&E? Professional Breakup Advice: Convey Your Reason for Separation (or Termination)
Patient Steering and Charting
Employers: Benefits Considerations Post-Pandemic [More with McGlinchey Ep. 3]
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
Episode 24: EEOC Commissioner Chai Feldblum Part I: Employers' "Superstar Harassment" Problem
I-17 – Engaging Your Employees in Today’s Workplace, Featuring Rick Turner at Whirlpool Corporation
I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees
Day 22 of One Month to Better Compliance Through HR-10 Questions to Better Operationalize Compliance
Day 15 of One Month to Better Compliance Through HR-Employment Separation Issues
Episode 11: Legal and Business Issues Stemming From Employees' Out-of-Work Conduct
Warning Signs that Signal You Might be Terminated from Your Job
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more
This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more
The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally...more
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
A federal court in Pennsylvania granted an employer’s motion for summary judgment dismissing a former employee’s Pennsylvania Medical Marijuana Act (PMMA) claim because he could not show that his termination was premised...more
In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more
The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more
Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more
A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL...more
An employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law, the Rhode Island Supreme Court has held. Colpitts v. W.B. Mason Co., Inc., No....more
A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy....more
Welcome to the future. With the dramatic changes in acceptance of medical and even recreational marijuana, employers need to take a fresh look at the way they maintain drug-free workplaces. Here are some tips for surviving...more
Seyfarth Synopsis: Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more
A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments...more
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...more
In Chance v. Kraft Heinz Foods Company, a Delaware state court recently held that a private cause of action exists under the state’s Medical Marijuana Act (DMMA) and confirmed that the federal Controlled Substances Act (CSA)...more
An employee’s Weingarten rights have limits, especially as to drug and alcohol testing, where time is often of the essence, an NLRB Administrative Law Judge has held. Fred Meyer Stores, Inc., No. 19-CA-206136 (July 2, 2018)....more
Metz v. Bethlehem Area School District, 630 C.D. 2017 (Pa. Cmwlth. Jan. 4, 2018) (The Pennsylvania Commonwealth Court upheld the termination of a tenured middle school teacher, concluding that the school district had...more
Upper Merion Area School District v. Teamsters Local #384, 165 A.3d 56 (Pa. Cmwlth. 2017). The Commonwealth Court holds that an arbitrator’s decision to reinstate a school bus driver to her position with back pay when the bus...more
A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more