Let’s see if you agree with me. The defendant operated a hotel and event venue. The plaintiff had an opioid addiction and had been prescribed methadone to treat her addiction. She took methadone daily. In 2021, the plaintiff applied for the position of banquet bartender with the defendant. The plaintiff…
About three years ago, seven plant managers lost their jobs following an investigation into allegations of betting on how many workers there would get sick from the coronavirus. Shortly before losing their jobs, a handful did not receive a bonus they felt the company improperly withheld. So they sued. What…
Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data,…
Or, more precisely, my oldest son and I will be traveling from Philly to Cincinnati to watch the Marlins take on the Reds in a 12:35 matinee. I have no particular vested interest in the game other than clear skies and, perhaps, an adult beverage. Dinner recommendations for after the…
It was bound to happen sooner or later, tbh. As Presidents change from Democrat to Republican to Democrat, the complexion of the five-member (well, four now) National Labor Relations Board flips from union-friendly to management-friendly to union-friendly. And as the pendulum swings hard one way or the other, big “precedential”…
Tomorrow, I’ll be presenting “Weeding through the Haze: State and Federal Marijuana Laws and Implications” at the U.S. Equal Employment Opportunity Commission’s 2023 EXCEL Training Conference in Washington, DC. Between now and then, I’ll need to update my slide deck. That’s because, last week, Congressman Jamie Raskin (MD-08) and Congresswoman…
On Wednesday, U.S. Senator Kirsten Gillibrand (D-NY), Senate Judiciary Committee Ranking Member Lindsey Graham (R-SC), Senate Judiciary Committee Chair Dick Durbin (D-IL), and Representative Nancy Mace (R-SC) announced the introduction of the bipartisan Protecting Older Americans Act. The legislation would invalidate forced arbitration clauses that require employees to arbitrate claims…
The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug…
A 30-plus-year employee found out the hard way that missing a deadline — by just 24 hours — to arbitrate her claim against her former employer under the Age Discrimination in Employment Act is enough to lose it forever when her brief delay violates the plain terms of an arbitration…
For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time to express breast milk after the birth of her child for up to one year after childbirth. Last December, the PUMP for Nursing Mothers Act became law. The PUMP Act provides…