At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to have swung back in favor of AB 5 and its guidelines on
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
U.S. Chamber of Commerce Seeks En Banc Review of Decision on FAA Preemption and California’s AB 51
As suggested by its previous motion, the U.S. Chamber of Commerce has filed a petition for rehearing en banc after a divided panel of the U.S. Court of Appeals for the Ninth Circuit found the Federal Arbitration Act (FAA) did not preempt California’s ban on mandatory arbitration contracts, Assembly Bill 51 (AB 51).
Pennsylvania Medical Marijuana Act Did Not Protect Employee Who Was Terminated for Positive Marijuana Test Result
A federal court in Pennsylvania granted an employer’s motion for summary judgment dismissing a former employee’s Pennsylvania Medical Marijuana Act (PMMA) claim because he could not show that his termination was premised solely on his status as a certified user of medical marijuana. Matthew Reynolds v. Willert Mfg. Co., LLC,
Cal/OSHA Releases Proposed Language for Next Readoption of COVID-19 Prevention Emergency Temporary Standards
On October 20, 2021, California’s Division of Occupational Safety and Health (known as Cal/OSHA) issued proposed language for the second readoption of Emergency Temporary Standards (ETS) for COVID-19 Prevention.
New York Department of Labor Publishes Guidance Addressing Recreational Marijuana In The Workplace; Most Drug Testing For Marijuana Is Prohibited
The New York Department of Labor (“DOL”) recently published guidance and FAQs entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation Act (“MRTA”). MRTA legalized marijuana use and possession for adults who are 21 and older,
The Public Health Emergency Supplemental Leave Requirement in Colorado Is Not Over
The pandemic may be waning, but the requirement for Colorado employers to provide supplemental public health emergency leave to employees under certain COVID-19–related circumstances continues. On October 15, 2021, U.S. Secretary of Health and Human Services Xavier Becerra announced another extension of the nationwide COVID-19 public health emergency, effective October
Missouri Victims Economic Safety and Security Act (VESSA) Requires Notification to Employees by October 27, 2021
Executive Summary: A new Missouri law requires covered employers to provide unpaid leave for victims of domestic or sexual abuse and their family members and requires notice of the right to this leave be provided by October 27, 2021.
Texas Bill Restricting Transgender Student-Athlete Sports Participation About to Become Law
Texas House Bill 25, “The Save Women’s Sports Bill,” would bar public school students from participating in interscholastic athletic opportunities designated for the opposite “biological sex.”
The proposed legislation was passed by the Texas State Senate by a 19-12 margin, and an amended version of the measure received support and
Two New California Laws Make Significant Changes to Employer Safety and Health Obligations
Among the many new California bills signed into law this session are two that amend the state’s workplace safety laws. Senate Bill (SB) 606 creates new classes of health and safety violations and dramatically increases liability for non-compliant written workplace safety and health programs. Assembly Bill (AB) 654 makes
Finding Religious Accommodations in Rhode Island’s COVID-19 Vaccination Requirements for Healthcare Workers
Healthcare and healthcare-related employers have not just been at the heart of the fight against the COVID-19 pandemic, they have also recently been on the battleground in the fight over mandatory vaccination. Multiple states and locales have enacted some form of a mandatory COVID-19 vaccination requirement. Many of these vaccination
Kogos, Spell, Glaser, and Pritt Published in Chambers USA “US Regional Employment 2021: Louisiana” Global Practice Guide
Labor and employment partners Jennifer Kogos and Maggie Spell, Alex Glaser, a partner in the Tax Practice Group, and Jacob Pritt, an associate in the Labor & Employment Practice Group recently authored the section, “US Regional Employment 2021: Louisiana” in the USA Chambers and Partners Global Practice Guide.
Sean Paisan and Sierra Vierra Co-Author “Cal/OSHA Modifies Quarantine Rules for Asymptomatic, Unvaccinated Workers”
Sean Paisan and Sierra Vierra co-author “Cal/OSHA Modifies Quarantine Rules for Asymptomatic, Unvaccinated Workers,” published by SHRM.
South Carolina Supreme Court Upholds Governor’s Early Termination of Federal Unemployment Benefits
In a recent opinion, the South Carolina Supreme Court unanimously agreed with the lower court’s dismissal of a lawsuit brought by four individuals to challenge Governor Henry McMaster’s decision to end federal unemployment programs early.
NYS Workers’ Compensation Board to Scrutinize General Releases Attendant to Section 32 Agreements
THE NEW YORK STATE WORKERS COMPENSATION BOARD HAS ANNOUNCED A CHANGE IN POLICY REGARDING THE SECTION 32 AGREEMENT, EFFECTIVE DECEMBER 6, 2021
Medical Marijuana Efforts Light Up in Mississippi as Lawmakers Reach New Deal
Mississippi legislators have asked Governor Tate Reeves to call a special legislative session devoted, in part, to setting up a medical marijuana program. Last week, lawmakers reached an agreement on proposed legislation to facilitate access to medical marijuana.
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