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Disability, Leave and Health ManagementBlog Posts

Now Is Always a Good Time to Evaluate Your FMLA Processes Based on our experience advising hundreds of employers and closely watching court rulings on cases around the country, we offer a few tips for complying with the Family and Medical Leave Act (FMLA). Employers should follow their own policies with respect to FMLA leave and requests for time off. To avoid potential issues, employers should... Continue Reading September 22, 2022	California Enacts Law Prohibiting Employment Discrimination Based On Off-Duty Marijuana Use, Effective 2024 Governor Gavin Newsome signed into law September 19, 2022 several measures relating to marijuana, including one that prohibits employment discrimination based on off-duty use of marijuana. The law takes effect on January 1, 2024. The law will prohibit an employer from discriminating against a person in hiring, termination, or any term or condition of employment,... September 19, 2022	NJ Cannabis Regulatory Commission Publishes Guidance For Employers To Address Marijuana Impairment The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification standards for Workplace Impairment Recognition Experts. In February 2021, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), legalized adult use recreational... September 16, 2022
DOT Proposes New Guidance For Medical Examiners To Address CBD Use By Commercial Motor Vehicle Drivers The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022. The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers, in 49 CFR 391.41 through... September 6, 2022	How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status Please click here to visit our Immigration Blog to read: “How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status.” September 5, 2022	Should Employers Continue To Drug Test For Marijuana? 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 “To Test or Not: Employers... August 26, 2022
Nevada Court Rejects Claim That Off-Duty Marijuana Use Is “Lawful” Because It Still Is Illegal Under Federal Law 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. NP Palace, LLC, No. 82797... August 25, 2022	Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held. Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022). The court’s ruling likewise applies to the analogous Rehabilitation Act. Read the full... Continue Reading August 19, 2022	CDC’S COVID-19 Guidance Changes… Again Since March 2020, COVID-19 rules have been confusing at best. On August 11, 2022, in an effort to streamline the guidance and reflect the current state of the pandemic, the CDC once again issued updated guidance. The new guidance focuses on individual responsibility and is designed to help the public better understand how to protect... Continue Reading August 11, 2022
9th Circuit Holds California Paid Sick Leave Does Not Apply to Rail Workers California’s Healthy Workplace, Healthy Family Act (the Act) requiring most employers to provide paid sick leave for covered employees went into effect in 2015. However, in 2017 and 2021, two separate California federal district courts concluded that the Act was not applicable to rail workers due to preemption by the federal Railroad Unemployment Insurance Act... Continue Reading August 9, 2022

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