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Home > 2022 > August > Archives for 26th

Archives for August 26, 2022

Nevada Court Rejects Claim That Off-Duty Marijuana Use Is “Lawful” Because It Still Is Illegal Under Federal Law

Posted: August 26, 2022 | Jackson Lewis Category: Nevada - General

The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test.  The Court rejected the employee’s claims that his use of marijuana outside of work hours was “lawful use” under state law.  Ceballos v.


A New California Bill Will Protect Employee’s Ability to Use Marijuana Off-the-Clock

Posted: August 26, 2022 | CDF Labor Law LLP Category: California - General

By: A New California Bill Will Protect Employee’s Ability to Use Marijuana Off-the-Clock

In 2016, California legalized the recreational use of marijuana. Marijuana remains illegal at the federal level and is considered a Schedule 1 drug. However, California’s legalization of recreational marijuana created issues for California employers– especially for those who

Beltway Buzz, August 26, 2022

Posted: August 26, 2022 | Ogletree Deakins Category: Federal Gov't - General

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

DACA to Become Regulation

Posted: August 26, 2022 | Jackson Lewis Category: Immigration - General

Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective.

To the dismay of many advocates

OFCCP Advises Educational Institutions to Update Registration Information in Contractor Portal

Posted: August 26, 2022 | Ogletree Deakins Category: Affirmative Action - OFCCP

On August 24, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated its guidance for educational institutions with federal contracts and/or subcontracts.

New York Announces Health Care Worker Bonus Program

Posted: August 26, 2022 | Littler Category: Law Firm News

Michael Paglialonga, Ira Wincott, Jason Stanevich and Sanjay Nair explain New York Gov. Kathy Hochul’s $1.2-billion Health Care and Mental Hygiene Worker Bonus Program, aimed at rewarding and retaining frontline healthcare and mental hygiene workers.

SHRM Online

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EHS On Tap: E123 The Emergence of Monkeypox and What It Means for Workplaces

Posted: August 26, 2022 | Littler Category: Law Firm News

Alka Ramchandani-Raj talks about the emergence of monkeypox and how it compares it to COVID-19, as well as what it means for workplace safety. 

EHS Daily Advisor

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Four Wage and Hour Takeaways for Employers Following Recent Nevada Supreme Court Decision

Posted: August 26, 2022 | Littler Category: Nevada - General

In a victory for employers in wage and hour class actions, on August 11, 2022, the Nevada Supreme Court affirmed the grant of summary judgment in favor of HG Staffing, LLC and MEI-GSR Holdings, LLC, d/b/a Grand Sierra Resort.  In Martel v.


New York State Bar Adds Cybersecurity, Privacy, and Data Protection as New CLE Category

Posted: August 26, 2022 | Jackson Lewis Category: New York - General

On August 17, 2022, New York announced an amendment to the Continuing Legal Education (CLE) Program Rules, which adds a requirement for attorneys to complete at least one CLE credit hour in Cybersecurity, Privacy, and Data Protection as part of fulfilling their CLE requirements.

New York barred attorneys will be

Littler’s Barry Kuretzky and George J.A. Vassos Recognized in 2023 Edition of Best Lawyers in Canada™

Posted: August 26, 2022 | Littler Category: Law Firm News

TORONTO (August 25, 2022) – Littler, the world’s largest employment and labour law practice representing management, is pleased to announce that Toronto partners Barry Kuretzky and George J.A. Vassos have been included in the 2023 edition of The Best Lawyers in Canada™ for Labour and Employment Law.

Lawyers on

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

Posted: August 26, 2022 | Ogletree Deakins Category: California - General

The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three judges on the panel decided to withdraw the panel’s prior opinion in Chamber of Commerce of

You Can’t Always Get What You Want – IRS Issues Notice 2022-33

Posted: August 26, 2022 | Jackson Lewis Category: OSHA - Mining

On August 3, 2022, retirement plan sponsors welcomed IRS Notice 2022-33 (“Notice”), which extends the deadline for adopting amendments to comply with the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”), Section 104 of the Bipartisan American Miners Act (“Miners Act”), and certain provisions of the

New No Surprises Act Guidance -Frequently Asked Questions Bolster Final Rule

Posted: August 26, 2022 | Jackson Lewis Category: Benefits - General

The No Surprises Act (Act), which establishes protections for health plan participants from surprise medical billing, was passed in late 2020 as part of the 2021 Consolidated Appropriations Act. On October 7, 2021, the Departments of Labor, the Treasury, and Health and Human Services (collectively, Departments) issued Interim Final Rules


Littler Ranked in Chambers Latin America Guide 2023

Posted: August 26, 2022 | Littler Category: Law Firm News

(August 26, 2022) – Littler, the world’s largest employment and labour law practice representing management, is pleased to announce that attorneys in its Latin America offices have been included in the 2023 edition of Chambers Latin America.

Littler’s Colombia, Costa Rica, Guatemala, Mexico and Venezuela offices received band rankings

Should Employers Continue To Drug Test For Marijuana?

Posted: August 26, 2022 | Jackson Lewis Category: HR - Drugs & Alcohol

Due to the proliferation of state and local laws legalizing marijuana and protecting off-duty use, employers are struggling with whether it makes sense to continue to drug test for marijuana.  Earlier this month I was privileged to record a podcast with the Disability Management Employer Coalition on the topic of

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