The headlines are everywhere. Take The Guardian, for example, which recently published an article titled “Booming US cannabis industry seen as fertile ground for union expansion.” (Michael Sainato, The Guardian, July 31, 2022.) The piece touts the growth in the cannabis industry, noting that the sector grossed between $17.5 billion and $21.3 billion in revenue …
Reproductive Healthcare Issues for Employers Series, Part 5: Collective Bargaining Implications of the U.S. Supreme Court Decision in Dobbs
On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. In our Reproductive Healthcare Issues for Employers series, we have discussed the impact of the Dobbs decision on abortion services as a non-taxable benefit under certain types of group health programs (Part 1), abortion-related …
Don’t Delay, Arbitrate Today—Supreme Court Removes Requirement to Demonstrate Prejudice in Asserting Waiver of Right to Arbitration
Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a waiver of the right to arbitrate. In Morgan v. Sundance, Inc., 142 S.Ct. 1708 (2022), the plaintiff worked as an hourly …
All My Exes Live in Texas: Texas’ New Laws in the Wake of #MeToo and a Growing Economy
Texas is booming. As of 2022, Texas had 89,600 more jobs than it did before the onset of the pandemic. According to the U.S. Bureau of Labor Statistics, the unemployment rate steadily declined from 5% in October 2021 to 4.4 % in March 2022. Texas has always touted itself as an employer-friendly state, with the Texas Economic Department advertising …
Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for …
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#MeToo 5 Years Later – How The States Took Over the Narrative
Although the COVID-19 pandemic has occupied a preeminent place in all of our minds for the past two years, it was not that long ago that the #MeToo movement swept the nation, forcing employers and employees to examine new—yet somehow also old—issues of discrimination, retaliation, and harassment in the workplace. From a cultural standpoint, #MeToo …
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UPDATED FEDERAL FORMS PART 2: I-9 Identification Documents Must Be Unexpired
The Federal Government has updated some of its standard forms employers are probably used to seeing. Last week, we discussed the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. This week, we will discuss the changes to Form I-9. Federal law requires that every employer who recruits, refers …
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UPDATED FEDERAL FORMS PART 1: EEOC Additional Gender Marker Option
The Federal Government has updated some standard forms employers are probably used to seeing. In this two-part blog series, we will identify the changes in these new forms, starting first with the EEOC’s addition of a gender marker option to its voluntary self-identification process and passport applications. Next week, we will discuss the changes to …
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In the West Texas Town of El Paso, I Fell in Love with Working from New Mexico: Applying Home State Laws for Remote Work.
March 12, 2022 marks the second anniversary when the National Basketball Association first canceled games because of COVID-19. In the two years since, there have been waves of COVID. Just last year, President Joe Biden made a speech on Independence Day stating: “Thanks to our heroic vaccine effort, we’ve gained the upper hand against this …
It’s Time to Re-Visit Arbitration Agreements and Waivers under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445, the “Act”), which amends the Federal Arbitration Act and ensures that victims of sexual assault and harassment are entitled to have their day in court. Specifically, the Act provides that no …