Like saying, “It depends,” you can count on a lawyer blogging about cannabis and employment law to drop a marijuana pun in the title of the post. Legal recreational cannabis and its impact at work. In early 2021, New Jersey legalized recreational marijuana for adults 21 and older when Governor…
Articles Posted in Human Resources Policies
I’ve got free educational resources for new mothers in the workplace (and their employers)
Yesterday, the U.S. Department of Labor announced a series of August events highlighting the importance of maternal health and workplace protections for expectant and new mothers to mark National Breastfeeding Month. On Aug. 10, from 1 to 2:30 p.m. EDT, the department’s Wage and Hour Division and Women’s Bureau and the U.S.…
Here’s what you can’t do if you suspect that a former employee has misappropriated trade secrets
People sometimes ask me, “Eric, where do you get all your blog content from?” Often, like today, other blogs inspire me. So, with a big tip of the cap to Evan Brown and his post here at Evan.law, let’s talk about what you can’t do if you suspect that a…
Taxation without representation (and a new workplace marijuana law possibly coming soon).
On Monday, I blogged here about an employee using CBD for her migraines who accused her employer of violating the Americans with Disabilities Act. It fired her after she tested positive for marijuana on a drug test at work. One of my takeaways from the post was that particular state…
Supreme Court makes it harder for employers who litigate arbitrable claims to change their minds
In a unanimous decision, the Supreme Court ruled yesterday that federal courts may not adopt an arbitration-specific waiver rule demanding a showing of prejudice. Huh? Before translating legalese into plain English, I want to apologize to those expecting the follow-up to yesterday’s post about what Major League Baseball should do…
California Employers, Are You Prepared For Upcoming Data Privacy Changes?
It was perfect timing, really. A few hours after yesterday’s “New Jersey is back doing New Jersey things, like trying to kill restrictive covenants” post went live, two of my partners at FisherBroyles reaffirmed that California will always be the true OG with this article, “California Employers, Are You Prepared…
Can an employee legally be fired for using over-the-counter CBD products?
Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…
The case of the $250,000 thumb drive porno and hacking (allegedly)
A former bank employee is now facing up to $250,000 in fines and ten years in prison because he allegedly wanted to watch The Matrix on a work laptop. Actually, there’s a little more to this story. Shout out to Google, which alerted me to Nate Gartrell’s article at The Mercury…
No, this sign that your boss posted in the breakroom is NOT legal.
Image Credit: u/AMasterfulWriter on Reddit. Not even in Kentucky. Over on the r/antiwork Subreddit, a goldmine for employment law blog fodder, a Redditor posted this notice that a boss displayed in the breakroom at work and asked, “is this sign legal?” The sign reads: EFFECTIVE IMMEDIATELY, CONVERSING ABOUT WAGES (BOTH…
This new bill would allow an employee to skip work “because the employee feels unsafe.”
I’ll admit it. I was wrong. All those times that I joked about California being the “New Jersey of the West” when it comes to employment law. And when I said that New York City or Virginia or some other state or locality was becoming the people’s champ. I was…