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Employer Liability Issues Employment Policies Off-Duty Employees

Ice Miller

Parades, Protests, and Politics: Managing Off-Duty Conduct in the Workplace

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As the nation prepares to celebrate the Fourth of July with parades, fireworks, and barbeques, many employers may find themselves faced with a challenging issue—how to manage employee conduct that occurs off the clock,...more

Fisher Phillips

Cannabis Conundrum: Recent Ruling on Off-Duty Medical Use Highlights Major Challenges for Florida Employers

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Employers in Florida should take note of a recent ruling that could have far-reaching implications for managing reasonable accommodation requests related to workers’ medical cannabis use. A Florida county court just sided...more

Troutman Pepper Locke

Managing Political Discourse at Work With Lessons From Mad Men - Hiring to Firing Podcast

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In part two of the three-part Hiring to Firing series, host Tracey Diamond and new co-host Emily Schifter dive into the complexities of managing employees’ political beliefs and discourse in the workplace, just in time for...more

Spilman Thomas & Battle, PLLC

Online, Off-Duty Harassment is Still Unlawful Harassment

Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more

Venable LLP

Ninth Circuit to Employers: What Your Employees Say on Social Media May Haunt You

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Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

Jackson Lewis P.C. on

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

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

Political Speech in the Workplace: Strategic Considerations for Employers

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

Littler

Dear Littler: Can we prevent an employee from maintaining an adult website?

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Dear Littler: I manage a growing family medical practice out West. It has come to our attention that one of our staff members maintains an adult-themed website. We learned about this when another staff member complained about...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

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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

Weintraub Tobin

California Employment News: Expanded Workplace Protections Regarding Cannabis Use

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New laws in 2024 expand workplace protections for employees regarding their current and past cannabis use. Nikki Mahmoudi and Tomiwa Aina review these changes, previewed in our 2024 Employment Law Update seminars, in this...more

Fisher Phillips

When Employees Speak Out: An Employer’s Playbook for Responding to Controversial Opinions

Fisher Phillips on

Many people feel emboldened to publicly share their views on all sorts of controversial topics these days – politics, international relations, religion, culture, or any number of other incendiary areas where there are bound...more

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

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Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

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Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

CDF Labor Law LLP

New Rules For California Employers Testing for Marijuana Use Are Approaching Fast

CDF Labor Law LLP on

California has officially, and for the first time, provided protections for users of recreational marijuana within the employment context. California Assembly Bill (“AB”) 2188, which takes effect on January 1, 2024, amends...more

Spilman Thomas & Battle, PLLC

Harassment Outside the Workplace: Can it Lead to Employer Liability?

While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more

Lerch, Early & Brewer

What Maryland’s Legalization of Recreational Marijuana Means for Employers

Lerch, Early & Brewer on

After July 1, a whiff of weed in the air means a Marylander is taking advantage of the new state law legalizing recreational marijuana. It also means potential issues for employers when it comes to how they handle off-duty...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

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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

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

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Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

Sheppard Mullin Richter & Hampton LLP

NLRB Provides Off-Duty Contractor Employees With Property Access to Engage in Section 7 Activity

On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...more

Farella Braun + Martel LLP

California’s AB2188 Now Prohibits Employee Discipline for Off-Duty Marijuana Use

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

Littler

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

Genova Burns LLC

High Maintenance: The NJ Cannabis Regulatory Commission Rolls Out Long-Awaited Guidance On Drug Testing, Discipline, & Cannabis In...

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Employers, note that the Guidance from the New Jersey Cannabis Regulatory Commission (the Commission) is only a temporary gap-fill. The Commission has yet to issue standards on the required certification process for those...more

Littler

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

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Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

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