Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more
It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate...more
8/9/2024
/ Agribusiness ,
California ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Employer Liability Issues ,
Labor Relations ,
Licensees ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
State and Local Government ,
Unions
On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her...more
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
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 applicability of its new Cemex...more
Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers...more
11/9/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Bias ,
Biden Administration ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Machine Learning ,
NLRA ,
NLRB ,
NLRB General Counsel
Seyfarth Synopsis: On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule dramatically altering union election processes. The Final Rule overturns many Trump-era regulations, thereby perpetuating an...more
On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more
6/6/2023
/ Cannabis Products ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
New Jersey ,
Recreational Use ,
State Labor Laws ,
Workplace Safety
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 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
Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada...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
In the last two years, more jurisdictions have passed laws providing employment protections to applicants and employees using cannabis on their free time, including in New York, Washington, DC, and California. Recently,...more
On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances....more
As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey...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: The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports,...more
On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...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
Last month, the Centers for Disease Control, National Institute for Occupational Safety and Health, issued a bulletin directed to employers with workers who drive as part of their jobs. The bulletin, “Marijuana Driving: How...more
Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and...more
As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which is enabling...more
Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring...more
Seyfarth Synopsis: On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that...more
Seyfarth Synopsis: On June 18, 2021, the Iowa Supreme Court upheld a portion of the Waterloo, Iowa ban-the-box law’s restrictions on “when” employers can inquire about criminal history, but struck down restrictions on “what”...more