The U.S. Court of Appeals for the Ninth Circuit has a reputation as an employee-friendly forum. Yet that Court recently rendered a decision that employers should applaud. In Carlson v. Charter Communications, LLC, the Ninth Circuit refused to revive a former employee’s lawsuit against his employer in which he alleged that he was wrongfully terminated due to his legal use of medical marijuana. Interestingly, the panel of the Court that issued the decision consisted of two judges appointed by Presidents Clinton and Obama and one judge appointed by President George W. Bush. The case involved a Montana statute known as the Montana Marijuana Act, which allows patients with state-issued medical marijuana program cards to have a certain amount of marijuana in their possession. Continue Reading Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
Allegations of sexual harassment perpetrated by top officials are not new, nor are lawsuits or threats of lawsuits based on those allegations. Wise companies take such matters seriously and, if they conclude that the allegations have merit, take action not just to resolve the matter with the complaining party but to root out the problem so it does not reoccur. Fire the offender, change the culture and move forward. Continue Reading Boards of Directors in the Bullseye: #MeToo and the Fiduciary Duty
We’ve talked about this before. There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance. Back in July, we wrote in our blog that the FDA had recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy. As we stated in that blog post, this approval by the FDA did not necessarily signify that the federal government would soon reclassify marijuana, removing it from the list of Schedule 1 drugs because it has a medical purpose. Continue Reading Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
Before I became a lawyer or even considered the profession, I was a waitress. I also was a feminist. I was 18 and working at a restaurant In Providence RI. Ronnie’s Rascal House! One of the line cooks constantly called me “honey, baby and sweetie.” Every time I put an order check on the wheel and spun it to him into the kitchen, he said it. One day I had had enough and I said, “I am not your honey or baby or sweetie.” I snapped those words. He looked at me stunned and said, “I am sorry. I had no idea.” After that we became very good friends. Continue Reading You Have To Believe It To See It!
I’m embarrassed to admit that I used to be one of those people who hate dogs. How could anyone dislike an adorable bundle of fur that excitedly greets you each time you walk in the door, you ask? I know, it’s crazy. Fortunately, I’ve come to my senses and now gush over any dog I see – anytime, anywhere. So this begs the question: will I ever be able to see a dog every day while I’m at work? Continue Reading Raining Cats and Dogs in the Workplace? It’s Pawssible
The incessant rain on the East Coast, interspersed with weird calms of blue-sky sunniness, are jarring in ways that make one reflect. What I reflect upon these days is the speed with which people’s careers are destroyed, like a burst of rain displacing the sun, when they do something stupid that in “my old days” would fade away. Continue Reading Twitter Storms, Flash Floods, No Jobs
The FDA recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy. Does this mean that the federal government is saying that people can now begin using a marijuana-based drug treatment – including employees in the workplace? Not so fast. Continue Reading The Smoke Hasn’t Cleared: What’s the Workplace Impact of the FDA’s Approval of a Marijuana Based Drug?
I was perusing the Equal Employment Opportunity Commission’s recently released Volume 2 of its 2018 Federal Digest of Equal Employment Opportunity Law (yes, I know I need some better hobbies), and noticed an article entitled, “Assessing Workplace Harassment Prevention Methods Through Comparisons With Similar Crime Prevention Strategies.” The article posits that “[b]y comparing harassment prevention strategies to similar crime prevention efforts, for which empirical research already exists, the EEOC hopes to identify useful tools for preventing workplace harassment.” Well, that struck me as an interesting, if somewhat questionable, approach. But let’s look at what the EEOC says. Continue Reading The EEOC Compares Harassment Prevention to Crime Prevention
On June 6, 2018, the General Counsel of the National Labor Relations Board issued guidance on lawful and unlawful handbook rules under the National Labor Relations Act. This guidance follows the GC’s December 1, 2017 withdrawal of prior guidance on handbook rules that had been issued in 2015. Shortly thereafter, on December 14, 2017, the Board issued its decision in The Boeing Co., in which it articulated a new and more balanced test for assessing the legality of workplace rules, applicable to both unionized and non-unionized employers. Continue Reading NLRB Issues New (And More Balanced) Guidance on Handbook Rules
I LOVE when people bring treats into the office. From bagels, to muffins, to cakes, to cookies – I will eat them all. That’s why when I saw a story about brownies being brought into an office with a little something extra baked into them (hint, the secret ingredient was NOT love), I was taken aback. Continue Reading Lessons Learned from those “Special” Treats in the Breakroom or at the Office Party