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The following is a wake-up call to all employers, especially those in the health care industry, that have adopted “zero tolerance policies.” These policies will increasingly butt up against the tidal wave of laws legalizing the medical and recreational use of marijuana.  In a just-decided case, a federal judge in Connecticut issued a ruling in favor of a medical marijuana user whose offer of employment at a nursing home was rescinded after she tested positive…
If your company: sells goods or services to the federal government; or sells goods or services to companies that use those goods or services in the products they sell to the federal government, you need to read this article. If you have human resource management responsibility, and you do not know to whom your company sells its products, it is time for you to obtain that information. If you discover that your company does sell…
We have steadily followed the evolving legal landscape, including the emerging circuit court split, surrounding whether the federal anti-discrimination law, Title VII, prohibits discrimination based on sexual orientation or gender identity. On February 26, 2018, all of the judges of the Second Circuit Court of Appeals (covering Connecticut, New York, and Vermont) heard an appeal seeking the reinstatement of a Title VII claim brought by the estate of a former employee, Donald Zarda,…
In a big win for the tech industry and app developers, and for other companies seeking to enforce arbitration agreements through web-based interactions, last week the Second Circuit Court of Appeals held that the plaintiff in a putative class action entered into an enforceable arbitration agreement when he registered for Uber Technology, Inc.’s (Uber) app. See Meyer v. Uber Technologies, Inc., et al., Nos. 16-2750-cv, 16-2752-cv (2d Cir. Aug. 17, 2017).  The Uber app publishes…
Employers are generally well aware that they must comply with the main pillars of the Fair Labor Standards Act (FLSA), requiring that (1) employees be paid at least minimum wage and (2) employees be paid at a rate of one-and-a-half times their hourly wage for all hours worked in excess of 40 in a week. However, if some members of Congress have their way, this longstanding doctrine may be upended.…
The long and contentious presidential campaign is over.  So, now what?  What does President-elect Trump’s victory mean for employers? To explore this question, Foley and Lardner LLP’s Labor & Employment Practice group hosted a webinar titled “What Will Happen When the Smoke Clears? HR Strategies for 2017 and Beyond” on November 10, 2016.  The team who offered their insights included Foley attorneys Mark Neuberger, Dabney Ware, Jesse Panuccio (who recently joined Foley after…
Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a university’s affirmative action plan — specifically, its consideration of prospective students’ races in its admissions process. That issue could have significant implications for employers, considering that many companies, including government contractors and subcontractors with 50 or
For the first time in 18 years, the Equal Employment Opportunity Commission (EEOC) has offered proposed revisions to its official guidelines on workplace retaliation. In its proposed revisions, the agency expresses a very broad view of what constitutes actionable retaliation under the applicable equal employment laws. One of the most noteworthy revisions is that the EEOC has expanded its view of the evidence or facts that an employee may show to establish a retaliation claim,…
The currently Republican-controlled U.S. Congress has made it clear that pushing back on the National Labor Relations Board’s (NLRB) recent efforts, which appear motivated by a mandate to tip the scales in favor of employees and to the advantage of union organizing, is high on the agenda. Last week, the Senate revealed its latest effort toward this goal when it passed S.J.Res.8. The resolution is a joint initiative with the House of Representatives…
As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various divisions within the Department of Labor (“DOL”). The holiday season has not offered any relief, as the DOL recently announced its final rule implementing Executive Order (“EO”) 13672 on December 3, 2014.…