Catherine A. Cano

Catherine A. Cano is an Associate in the Omaha, Nebraska, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. She helps clients navigate state, federal, and local leave and disability laws and has experience in litigation and arbitration in several areas, including employment discrimination, retaliation and whistle blower claims, and non-competes and unfair competition.

Learn more about Ms. Cano on the Jackson Lewis website.

Firm/Organization: Jackson Lewis P.C.

Blogs: Disability, Leave & Health Management Blog, Drug and Alcohol Testing Law Advisor, Labor & Collective Bargaining

Latest Articles

Drug and Alcohol Testing Law Advisor

Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred

By Catherine A. Cano, Sarah J. Millsap & Kenneth M. Wentz III

December 31, 2019

Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause of action is the exclusive remedy for violation of that statute.” Ferguson v. Exide Technologies, Inc., et al, Case No. 18-1600 (Iowa Dec. 13, 2019). Therefore, a plaintiff who brings a claim for a violation of the…

Drug and Alcohol Testing Law Advisor

Drug and Alcohol Testing Policy Check-Up – Are You Ready for 2020?

By Catherine A. Cano & Kathryn J. Russo

December 6, 2019

2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that have already taken effect): Illinois Recreational Marijuana Law – The Cannabis Regulation and Tax Act will go into effect on January 1, 2020. The Act will allow anyone over the age of 21 to…

Labor & Collective Bargaining

Employee Advocacy for Nonemployee, Unpaid Interns Is Not Protected by National Labor Relations Act

By Catherine A. Cano, Laura A. Pierson-Scheinberg, Howard M. Bloom & Philip B. Rosen

December 3, 2019

Unpaid interns are not “employees” as defined by the National Labor Relations Act (NLRA), and employee advocacy on their behalf is not protected concerted activity under Section 7 of the NLRA, the National Labor Relations Board (NLRB) has ruled. Amnesty International of the USA, Inc., 368 NLRB No. 112 (Nov. 12, 2019). The NLRB also concluded the employer’s expression of frustration and disappointment with its employees’ actions on behalf of the interns was not an…

Disability, Leave & Health Management Blog

Do The DOL’s FMLA Forms Work For You? Now is Your Chance to Speak Up

By Catherine A. Cano

August 16, 2019

On August 5, 2019, the Department of Labor (“DOL”) published proposed revisions to the Wage and Hour Division’s Family and Medical Leave Act (“FMLA”) forms with the stated goal “to increase compliance with the FMLA, improve customer service, and reduce the burden on the public by making the forms easier to understand and use.” Many revisions are stylistic or organizational. The proposed forms have color-coded sections specific to the employee, the employer and health care…

Drug and Alcohol Testing Law Advisor

Court Dismisses ADA Claims Alleging “Excessive” Drug and Alcohol Testing

By Catherine A. Cano

June 14, 2019

A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or alcohol tests required under the U.S. Department of Transportation (DOT)’s regulations. Vuono, et al. v. Consolidated Edison of New York, Inc., Case No. 1:18-cv-016365-VEC (S.D.N.Y. June 11, 2019). The employer required the group of plaintiff-employees to submit to random drug and…

Disability, Leave & Health Management Blog

Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims

By Catherine A. Cano

February 28, 2019

The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer. Peddy v. Aaron’s, Inc. Case No. 02:18-cv-1625 (E.D. La. Feb. 21, 2019). The Court also ruled in favor of the employer on its counterclaim for breach of the settlement agreement, and determined the employer was entitled to its attorneys’ fees and costs to defend the lawsuit.…

Drug and Alcohol Testing Law Advisor

Voters in Three States Approve Marijuana Laws on Election Day

By Catherine A. Cano & Kathryn J. Russo

November 12, 2018

Three states approved new marijuana laws on Election Day 2018. Voters approved medical marijuana laws in Missouri and Utah, while Michigan voters approved a recreational marijuana law. Michigan: Recreational Marijuana Michigan Proposal 1 was passed by a majority (approximately 55% “Yes” and 45% “No”). Proposal 1, the Michigan Regulation and Taxation of Marijuana Act, legalizes recreational marijuana in the state for adults 21 years of age or older. The law generally will allow adults to…

Drug and Alcohol Testing Law Advisor

Police Officer’s Disclosure of Adderall Prescription Insufficient to Support Disability Discrimination Claim

By Catherine A. Cano

October 12, 2018

A police officer who disclosed his Adderall prescription to his supervisor was unable to state a claim for discrimination based on an actual or perceived disability under the Americans with Disabilities Act or Pennsylvania Human Rights Act. Jeannot v. Philadelphia Housing Authority, et al, Case No. 18-1977 (E.D. Pa. Oct. 2, 2018). The officer’s lawsuit stemmed from his termination following a reasonable suspicion drug test. The officer, who worked the night shift, filled an Adderall…

Drug and Alcohol Testing Law Advisor

Oklahoma Voters Pass Broad Medical Marijuana Law with Anti-Discrimination Provisions

By Catherine A. Cano & Kathryn J. Russo

June 27, 2018

Oklahoma became the 30th state to pass a medical marijuana law after voters approved it on June 26, 2018. The law gives broad discretion to physicians in prescribing medical marijuana, which should make it fairly easy to obtain. Additionally, the law restricts employers from taking action against applicants or employees solely based on their status as a medical marijuana license holder or due to a positive drug test result. The law takes effect on July…

Drug and Alcohol Testing Law Advisor

Iowa Drug Testing Law Amended; Lawsuits on the Rise

By Catherine A. Cano

April 24, 2018

Although Iowa’s drug testing statute was enacted more than 30 years ago, it is still considered one of the most difficult laws in the country for purposes of employer compliance. The 10-page law includes provisions addressing permissible types of tests, written notice requirements, rehabilitation for positive alcohol test results, split-specimen testing, and mandatory supervisor training, among other things. Available remedies under the statute include reinstatement, back pay, and equitable relief such as attorneys’ fees. See…

Catherine A. Cano

Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred

Drug and Alcohol Testing Policy Check-Up – Are You Ready for 2020?

Employee Advocacy for Nonemployee, Unpaid Interns Is Not Protected by National Labor Relations Act

Do The DOL’s FMLA Forms Work For You? Now is Your Chance to Speak Up

Court Dismisses ADA Claims Alleging “Excessive” Drug and Alcohol Testing

Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims

Voters in Three States Approve Marijuana Laws on Election Day

Police Officer’s Disclosure of Adderall Prescription Insufficient to Support Disability Discrimination Claim

Oklahoma Voters Pass Broad Medical Marijuana Law with Anti-Discrimination Provisions

Iowa Drug Testing Law Amended; Lawsuits on the Rise

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