Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more
11/30/2023
/ Cemex ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Labor Relations ,
Motion for Reconsideration ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more
On October 31, 2022, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 23-02, wherein the General Counsel announced her intention to “protect employees” from what she...more
The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more
Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more
With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more
Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. ...more
Seyfarth Synopsis: When a new President is about to shift the balance of power at the National Labor Relations Board, a Board dissent can foreshadow how the newly constituted Board will consider a similar issue. Such is the...more
On May 11, 2020, a Pennsylvania court upheld the state Unemployment Compensation Board of Review’s order granting a CBD (cannabidiol) user unemployment benefits after being terminated for testing positive for marijuana...more
6/3/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Drug Testing ,
Employment Litigation ,
Employment Policies ,
Marijuana ,
Medical Foods ,
Medical Marijuana ,
Plant Based Products ,
Unemployment Benefits
Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more
4/11/2020
/ Background Checks ,
Class Action ,
Corporate Counsel ,
Credit History ,
Criminal Background Checks ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Application ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Job Offers ,
State and Local Government ,
State Labor Laws
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
2/4/2020
/ Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Labor Law Violations ,
Medical Marijuana ,
Private Right of Action ,
Public Policy ,
Reasonable Accommodation ,
Wrongful Termination
In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more
1/7/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Duties ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more
12/10/2019
/ Ban the Box ,
Class Action ,
Conditional Job Offers ,
Consent Decrees ,
Corporate Counsel ,
Criminal Background Checks ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Minorities ,
Screening Procedures ,
Settlement Agreements
The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities.
...more
11/22/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
Pending Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more
11/5/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Controlled Substances ,
Corporate Counsel ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Medical Examinations ,
Over The Counter Drugs (OTC)
Seyfarth Synopsis: Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a...more
6/12/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
State Labor Laws
The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more
6/22/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Opioid ,
Prescription Drugs ,
Settlement
Seyfarth Synopsis: The Washington Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history before the applicant is deemed “otherwise qualified” for the position sought. ...more
3/14/2018
/ Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: In deciding to deny certiorari to review Spokeo, Inc. v. Robins, No. 17-806 (U.S. 2017), the U.S. Supreme Court has declined to reconsider the standing principles it announced in its landmark 2016 Spokeo...more
1/24/2018
/ Article III ,
Background Checks ,
Corporate Counsel ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Petition for Writ of Certiorari ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing