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Private Right of Action

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

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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

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

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

Dorsey & Whitney LLP

The Supreme Court Update - December 18, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Kerr v. Planned Parenthood South Atlantic, No. 23-1275: This case addresses a 5-2 circuit split on whether the Medicaid Act’s...more

Holland & Knight LLP

OCR Shores Up Access to Healthcare with Nondiscrimination Protections

Holland & Knight LLP on

Access to quality healthcare services has long been a priority of the U.S. Department of Health and Human Services (HHS), and through its Office for Civil Rights (OCR) this agency has, since at least 2001, sought to provide...more

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

Third Circuit Rules New Jersey Marijuana Law Lacks Private Right of Action to Enforce Employment Protections

A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

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

Stark & Stark

New Jersey Cannabis Law Does Not Imply a Private Right of Action for Job Applicants Who are Denied Employment Due to Cannabis Use

Stark & Stark on

On December 9, 2024, the United District Court of Appeals for the Third Circuit issued an important decision whether New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”)...more

Littler

Employees in the 11th Circuit Do Not Have a Private Right of Action Under Title IX for Employment Discrimination

Littler on

On November 7, 2024, in a consolidated opinion addressing appeals in Joseph v. Board of Regents and Crowther v. Board of Regents, the U.S. Court of Appeals for the Eleventh Circuit held that Title IX of the Education...more

McGuireWoods LLP

Eleventh Circuit Addresses Implied Right of Action Under Title IX for Employees’ Sex Discrimination Claims

McGuireWoods LLP on

In the wake of the newly adopted Biden-era Title IX regulations, one question that continues to prompt debate among educational institutions and courts alike is whether employees can sue their employers under Title IX of the...more

Troutman Pepper

New Mexico Federal Court Denies Summary Judgment on Majority of Claims Brought Under the TCPA Over Telemarketing Calls

Troutman Pepper on

Recently, a U.S. District Court in the District of New Mexico denied a defendant’s motion for summary judgment on Telephone Consumer Protection Act (TCPA) claims for telemarketing calls, finding genuine questions of fact...more

Klein Moynihan Turco LLP

Telemarketers Ask: What Is an Oklahoma Automated System?

Klein Moynihan Turco LLP on

On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more

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

Who Let the Dogs Out? New York City’s Potential New Pet Leave

New York City employees may soon be entitled to take sick leave to care for their pets if a newly introduced bill is passed by the city council....more

Klein Moynihan Turco LLP

CIPA Email Private Right of Action Cases on the Rise

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more

Klein Moynihan Turco LLP

Private Right of Action for California Email Statute Violations

Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California...more

Flaster Greenberg PC

The Shifting Landscape of U.S. State Data Privacy Laws in 2024

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The landscape of U.S. state data privacy laws in the U.S. has grown increasingly complex in 2024. Seven additional states have enacted comprehensive privacy laws, raising the total number of states having their own privacy...more

Littler

Maryland WARN Act Does Not Provide a Private Right of Action to Workers Terminated in Violation of the Law

Littler on

On August 26, 2024, the U.S. District Court for the District of Maryland decided in Teamsters Local Union No. 355 v. Total Distribution Services, Inc., that the Maryland Economic Stabilization Act (“Maryland WARN Act” or...more

Lathrop GPM

Michigan Precedent on Michigan Franchise Investment Law Held to Trump Inconsistent Sixth Circuit Precedent on Private Right of...

Lathrop GPM on

A federal court in Michigan recently granted several related franchisors’ motions to dismiss a franchisee’s claims for violations of the Michigan Franchise Investment law. Benjamin Franklin Franchising SPE LLC v. David...more

Proskauer - Law and the Workplace

Pay Range Will Be Required in Massachusetts Job Ads Starting July 31, 2025

On July 31, 2024, Massachusetts Governor Maura Healey signed into law new legislation that requires employers with 25 or more employees in Massachusetts to include pay range in job ads. The statute requires that the posted...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Jackson Lewis P.C.

New Illinois Law Aims to Curtail Employers’ Mandatory, Captive Audience Meetings

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Illinois joined a handful of other states in limiting employers’ ability to conduct “captive audience” meetings when Governor J.B. Pritzker signed into law SB3649, commonly known as the Worker Freedom of Speech Act. The Act...more

Fox Rothschild LLP

Massachusetts Mandates Wage, Salary Transparency

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Massachusetts employers with 25 or more workers will soon be required to include pay ranges in all job postings under a new state law aimed at increasing salary transparency. The Commonwealth joined the wave of states and...more

Kilpatrick

Illinois Passes Law Limiting 'Captive Audience' Meetings

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On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more

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