Labor and Employment Law

Recent Posts

May My Company In New York Subject Its Employees To Random Drug Testing and Lawfully Fire Workers Who Test Positive For Illegal Drugs?
Posted on 16 Mar 2012 by David S. Rich

Random testing means choosing workers for tests at random, without suspicion, and without advance notice of when the test will take place. Random testing may also encompass the testing of all employees in a company (or a given division of a company... Read More

Colorado Supreme Court Upholds Termination for Medical Marijuana Use
Posted on 17 Jun 2015 by Philip Miles

Colorado has a quirky little statute that makes it unlawful for employers to terminate employees for "lawful" outside-of-work activities. As you may know, Colorado also has some pretty marijuana-friendly laws on the books. Enter Brandon Coats... Read More

Regardless of State Laws, the Use of Marijuana Remains Unlawful Under Federal Law
Posted on 16 Jun 2015 by Barran Liebman LLP

by Kyle Abraham On June 15, 2015, the Colorado Supreme Court issued its much-anticipated decision in Coats v. Dish Network, LLC [an enhanced version of this opinion is available to lexis.com subscribers] . This case is an important reminder that the... Read More

Florida Legalizes Medical "Marijuana" But You Can Still Be Fired For It
Posted on 20 Jun 2014 by Donna Ballman

Florida's Governor signed a bill legalizing a form of medical "marijuana" called Charlotte's Web this week. The law will go into effect next year. I'm underwhelmed. While it's a bit of a victory for patients covered under this... Read More

Employee Drug Testing and Bashful Bladders; It's a Wicked Pissah!
Posted on 5 Oct 2011 by Eric Meyer

Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis , otherwise known as "shy bladder syndrome" or "bashful... Read More

Katherine G. Rigby and Asha A. Santos of Ogletree Deakins in Boston Shares Her Insights on Various Employment Law Issues
Posted on 29 Sep 2010 by HB Litigation Conferences

Employee Evaluations Why should employers conduct employee valuations? What are the risks of poorly drafted performance evaluations? What should employers do to avoid when they are in the position of giving a negative review? Who should conduct... Read More

Legal Marijuana Remains Off-Limits in the Workplace
Posted on 16 Jun 2015 by Jon Hyman

It is likely that when Ohioans go the polls this November, we will have the opportunity to vote on whether to amend our state constitution to permit for the medicinal and recreational use of marijuana . Meanwhile, Cleveland.com reports that business groups... Read More

New York Enacts Law Enabling Some Chronically Ill Workers to Use Medical Marijuana on the Job
Posted on 6 Aug 2014 by David S. Rich

On July 7, 2014, New York Governor Andrew Cuomo signed into law the New York Compassionate Care Act, N.Y. State Senate Bill S07923 , N.Y. State Assembly Bill A06357E (the “NYCCA” or the “Act”), which, effective immediately, legalizes... Read More

Medical Marijuana as a Reasonable Accommodation?
Posted on 17 Jun 2015 by Philip Miles

Yesterday, I blogged about the Colorado Supreme Court's decision that an employer could terminate an employee for medical marijuana use despite a state statute forbidding employment termination for "lawful" off-duty conduct. The decision... Read More