New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®
Podcast - The Law as a Force for Change
Strategic HR Insights with Kelly Mitchell
Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with Bridget Blinn-Spears of Maynard Nexsen
Stumbling Your Way Into a Union: Key Advice for Employers: What’s the Tea in L&E?
California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — Hiring to Firing Podcast
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Work This Way: A Labor & Employment Law Podcast - Episode 39: Best Practices for Conducting RIFs and Layoffs with Jennifer Wheeler of Maynard Nexsen
PODCAST: Williams Mullen's Gavels & Gowns - Enforcement on Campus: The Impact of New Immigration Priorities on Academia
Are Reality TV Contestants Independent Contractors or Employees? From Pods to Paychecks With Love Is Blind — Hiring to Firing Podcast
Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
#WorkforceWednesday®: Workplace Law Shake-Up - DEI Challenges, NLRB Reversals, and EEOC Actions - Employment Law This Week®
California Employment News: Document Checklist for Departing Employees (Podcast)
California Employment News: Document Checklist for Departing Employees
Work This Way: A Labor & Employment Law Podcast - Episode 37: Conducting Effective Workplace Investigations with Rima Hartman of Maynard Nexsen
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Employer Strategies for Navigating RIFs: One-on-One with Ann Knuckles Mahoney
Business Better Podcast Episode: The Looming Threat of Immigration Raids at Your Workplace – What to do When ICE Comes Knocking
Drug testing for marijuana has never been an exact science. There is no consensus on what level of marijuana in the bloodstream constitutes intoxication. Unlike alcohol, employees who used marijuana weeks ago or longer can...more
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more
On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more
The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more
Medical marijuana is currently legal in 37 states—including Pennsylvania. The Commonwealth of Pennsylvania legalized the use of medical marijuana in 2016 when it adopted the Medical Marijuana Act (“the Act”), which legalized...more
Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and...more
When you work in the cannabis business, you get used to answering questions that don’t always make sense. One question we get most often is whether an employee can use a legal product that nonetheless may cause the employee...more
On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more
Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more
Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more
North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more
Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more
When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more
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
The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...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
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
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
As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more
The start of a new year is always a good time to reevaluate the employee handbook to ensure it covers all the relevant legal and practical topics in the modern workplace. The following are 10 “Handbook Resolutions” for...more
As could be expected in 2023, employers have had to adapt to an ever-changing landscape of employment laws, regulations, and in the case of the National Labor Relations Board (NLRB) a growing library of general counsel...more
The 2023 legislative session saw a substantial number of changes to employment laws in Minnesota. As you and your business enter 2024, the team at Winthrop & Weinstine has prepared a summary of the changes that may impact...more
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