Darryl McCallum

Latest Articles

We’ve talked about this before.  There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance.  Back in July, we wrote in our blog that the FDA had recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy.  As we stated in that blog post,…
The FDA recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy.  Does this mean that the federal government is saying that people can now begin using a marijuana-based drug treatment – including employees in the workplace? Not so fast.…
The NLRB continues to take action designed to help unions organize employees.  The latest step is the Board’s recently established web page designed to inform employees of their right to engage in protected concerted activity.  The web page, located at www.nlrb.gov/concerted-activity, begins with the statement: “The law we enforce gives employees the right to act together to try to improve their pay and working conditions or fix job-related problems, even if they aren’t in…
Last week I wrote about the EEOC’s new Final Rule on the Reasonable Factors other than Age (RFOA) defense in disparate impact claims brought under the Age Discrimination in Employment Act (ADEA).  The EEOC has just published a Q&A explaining the new Rule. In explaining the purpose of the Final Rule, the Q&A provides: “The rule does two things: It makes the existing regulation consistent with the Supreme Court’s holding that the defense to an…
Last Friday, the EEOC published its Final Regulations on Disparate Impact and Reasonable Factors other than Age under the ADEA.  The Final Regulation clarifies that an employment practice that has an adverse impact on individuals 40 and older is discriminatory unless the practice is justified by a “reasonable factor other than age” and that the individual challenging the allegedly unlawful employment practice bears the burden of isolating and identifying the specific employment practice responsible for…