With the calendar flipping to December, businesses should take stock of their employment policies and practices in preparation for the new year. Below we identify a few issues (other than COVID-19-related issues) that employers should have on their radar as
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New York State and the City of Philadelphia Move to Prohibit Pre-Employment Marijuana Testing
New York State and the City of Philadelphia are the latest to take action on drug testing for cannabis use. As more states and municipalities enact legislation and ordinances regarding recreational cannabis use and expand protections for employees’ use of…
SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees
SEIU and ABOMA Agree on COVID-19 Vaccination Rules for Unionized Employees This alert contains time-sensitive material – all building owners or condominium associations that wish to require vaccination must “opt-in” by October 12, 2021 As COVID-19 continues to ravage our…
EEOC Files First Lawsuit Against Employer for Failing to Accomodate Work Request due to COVID-19
Along with the new wave of post-COVID litigation surfacing across the country, the EEOC has now brought its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had requested to work remotely…
President Biden's Mandatory Vaccination Action Plan – More Questions Than Answers
On September 9, 2021, President Biden announced a series of federal COVID-19 mitigation efforts, which represent an invigorated national approach to reduce COVID-19 transmission and rapidly increase vaccination rates across the country. In addition to a pair of executive orders…
New Jersey Targets Health Care Entities and High-Risk Congregate Settings for Next Round of Vaccination Mandates
In what has become a national trend, the Garden State has issued an executive order requiring that certain health care entities and high-risk congregate settings implement a vaccination or test policy. Executive Order 252 goes into effect on September 7,…
Affirmed: Pennsylvania's Appellate Court Says "Yes" to Private Right of Action Under Medical Marijuana Act
In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge in violation of Pennsylvania public policy. The…
Kennedy v. Weichert Realtors: Employment Status of Real Estate Salespeople Under-Fire
On July 2, 2021, New Jersey’s Appellate Court upheld a ruling in Kennedy v. Weichert finding that the State’s ABC Test for deciding workers’ employment status applies to classification disputes made under New Jersey’s Wage Payment Law (“WPL”). The Court’s…
Guidelines for the Return to Office – Part 1: How to Handle Masking Under New and Evolving CDC Guidance
The More Things Change . . . This is the first in a series on key issues regarding the “Return to Office”. We started planning this series earlier this summer and, like many of our clients’ plans, it got delayed…
CDC Issues New Guidance Urging Return to Mask-Wearing in Certain Areas
Following a hopeful reprieve early this summer from mask mandates, the aggressive spread of the Delta variant of COVID-19 has renewed worldwide concern about COVID safety precautions. This concern is felt no greater than by employers as they prepare to…