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Employment Policies Americans with Disabilities Act (ADA) Today's Popular Updates

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

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

Weintraub Tobin

UPDATED: Federal OSHA’s COVID-19 Vaccination or Test Standards for Large Employers are Effective November 5, 2021

Weintraub Tobin on

UPDATE: FIFTH CIRCUIT BLOCKS ENFORCEMENT OF THE FEDERAL OSHA COVID-19 VACCINE/TESTING MANDATE. On November 6, 2021, a panel of the fifth circuit issued a stay against the enforcement of OSHA‘s new emergency temporary...more

Kelley Drye & Warren LLP

The New Employee Status: Vaccinated or Unvaccinated

What to expect from the projected increase in vaccine requirements, restrictions, and lawsuits in the months ahead. With the highly transmissible Delta variant surging, and vaccination rates stagnating, employers are...more

Polsinelli

Flattening the Curve: Are Vaccination Mandates a Viable Strategy for Hospitals?

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Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) vaccines hold promise to control the pandemic and help restore normal social and economic life, even as variant threats loom. ...more

Haynsworth Sinkler Boyd, P.A.

Employers Are Legally Permitted To Mandate COVID-19 Vaccinations, But Should They?

Employers considering mandating COVID-19 vaccinations for their employee population may decide the practical issues giving rise to such a mandate would not be worth it, at least at this time. Many reasons justify a mandatory...more

Best Best & Krieger LLP

COVID-19 and the Workplace: Can Employers Make Vaccinations Mandatory?

Best Best & Krieger LLP on

Examining the Various Questions Employers May Have Surrounding COVID-19 Vaccinations - It has been reported that a COVID-19 vaccine will be approved for production and distribution within the next few months. Once...more

Mintz - Employment Viewpoints

Vaccinate or Terminate – Mandatory Vaccination As Workplace Policy

The discovery, testing and mass deployment of a COVID-19 vaccine are welcome developments in potentially ending the Coronavirus pandemic. A safe and widely available vaccine will also allow employees to return to the physical...more

Mintz - Employment Viewpoints

Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19

The EEOC has provided employers with supplemental guidance on navigating the COVID-19 outbreak, addressing issues such as COVID-related harassment and screening employees who report to work. The EEOC reminded employers that...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Fisher Phillips

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

Fisher Phillips on

The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Amundsen Davis LLC

Mandatory Vaccine And Health Screens: Employers Should Ensure That Such Actions Are Job-Related And Consistent With Business...

Amundsen Davis LLC on

Flu season is here and offers an opportune time to discuss the tricky intersection between the Americans with Disabilities Act (ADA) and employers’ efforts to require mandatory vaccinations and health screenings for...more

Kelley Drye & Warren LLP

Healthcare Employer Off the Hook In A Rubella Vaccine Case

Kelley Drye & Warren LLP on

While most of us rarely think about rubella – a largely forgotten disease that should have disappeared with the “MMR” vaccine – it was the focus of a recent Eighth Circuit decision this month. If you are asking yourself how...more

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Littler

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Jackson Lewis P.C.

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Bradley Arant Boult Cummings LLP

“But My Doctor Said It Was Cool”: Florida’s New Medical Marijuana Bill and Employment Considerations

Last month, Florida Gov. Rick Scott signed into law a medical marijuana use bill. This was the result of the overwhelming vote (71 percent) in favor of amending the Florida Constitution to allow medical marijuana use as...more

FordHarrison

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

FordHarrison on

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Akerman LLP - HR Defense

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

Morgan Lewis

New California Employment Laws 2016

Morgan Lewis on

California’s 2016 legislative session ended, once again, with a flurry of activity in the legislature and by Governor Jerry Brown, resulting in numerous new laws requiring employer action. The end-of-session bills were not...more

Obermayer Rebmann Maxwell & Hippel LLP

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

Fisher Phillips

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Fisher Phillips on

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Franczek P.C.

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

Franczek P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

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