A Retaliation Refresher: What's the Tea in L&E?
DE Under 3: Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
Managing the Size and Structure of Your Post-Pandemic Workforce
Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]
Workplace Violence Rises During COVID-19 - Employment Law This Week®
Social Media + Employees = Hot Mess
Warning Signs that Signal You Might be Terminated from Your Job
The Basics of Michigan’s Social Media Password Law & Why It Isn’t Such a Great Idea
2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level. Below is a recap of notable laws enacted throughout the U.S. that have become...more
In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more
A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more
The U.S. Court of Appeals for the 3rd Circuit issued an opinion earlier this week that will have significant ramifications on the abilities of plaintiffs to bring employment-related disputes arising out of New Jersey’s...more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more
In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more
On January 10, 2024, the Iowa Court of Appeals filed its opinion in Hampe v. Charles Gabus Motors, Inc., et al., which involved a former employee who was terminated for refusing to submit to a random workplace drug test....more
As we enter 2024, CDF has designed a webinar that aims to equip California employers with essential knowledge regarding the new marijuana drug testing rules and how to update personnel testing, policies, and procedures to...more
With the passage of Issue 2 in the November 7, 2023, general election, a new chapter of the Ohio Revised Code will be created: Chapter 3780, Adult Use Cannabis Control. While the new law in Ohio authorizes what is referred to...more
Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more
Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more
In May 2023, a federal judge for the US District Court for the District of New Jersey ruled that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide for a...more
DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
On April 25, 2023, in Henson v. Daimler Truck North America LLC, Civil Case No. 22-cv-6479 (RBK/MJS), United States District Judge Robert B. Kugler ruled that the wrongful termination suit filed by an employee who was fired...more
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more
Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more
California first legalized medical marijuana in 1996 and adult use or recreational marijuana in 2016. Since then, 39 states and the District of Columbia have legalized medical marijuana; 19 states have legalized adult...more
A new law in California will significantly change the way employers can address employees’ marijuana use. While prior law made clear that employers could terminate employees for off-duty marijuana use, a new bill prevents...more
Almost six months after New Jersey approved the sale of recreational cannabis use, state authorities have just released Interim Guidance on workplace impairment outlining how employers should address employees’ suspected...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more
On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey...more
Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more