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Court Dismisses Lawsuit of CBD User Who Tested Positive For Marijuana

A federal court in Pennsylvania dismissed the legal claims asserted by a former employee who tested positive for marijuana on a random drug test and who attributed the test result to CBD use.  Lehenky v. Toshiba America Energy Systems Corporation, No. 20-cv-4573 (E.D. PA. February 22, 2022). The employee alleged that in 2018, she was...
February 24, 2022

California COVID-19 Supplemental Paid Sick Leave Becomes Law Again

On February 9, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 114 which resurrects COVID-19 Supplemental Paid Sick Leave (SPSL) for 2022. The following are answers that employers need to their questions regarding the latest edition of California SPSL. When does SPSL become effective? SPSL becomes effective February 19, 2022, 10 days after enactment. However, the... Continue Reading
February 9, 2022

Use of Opioid Medications By Applicant For Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment

A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver.  The court held that there were disputed issues of fact as to whether the parties participated in the interactive process in good faith and whether the applicant’s opioid...
February 7, 2022

Mississippi Enacts Medical Marijuana Law

Mississippi Governor Tate Reeves signed legislation legalizing medical cannabis on February 2, 2022. Known as the “Mississippi Medical Cannabis Act”, the law permits the use of medical cannabis to treat certain debilitating medical conditions including cancer, Parkinson’s disease, Huntington’s disease, muscular dystrophy, HIV/AIDS, hepatitis, ALS, Crohn’s disease, ulcerative colitis, sickle-cell anemia, Alzheimer’s disease, dementia, post-traumatic...
February 4, 2022

California Legislature Proposes COVID-19 Supplemental Paid Sick Leave, Again

 In late January, California Governor Gavin Newsom announced that he and the legislature had reached an agreement on a framework to revive COVID-19 supplemental paid sick leave (SPSL), which expired in September 2021. However, there was no bill and only speculation on what coverage would look like. On February 2, 2022, Assembly Bill 84, which details the newest version... Continue Reading
February 3, 2022

Connecticut FMLA: Proposed Regulations Released for Comment

The Connecticut Department of Labor has released proposed regulations for the amended Connecticut Family and Medical Leave Act, which was effective January 1, 2022. The proposed regulations will be subject to a 30-day comment period, ending on February 28. A virtual hearing on the proposed regulations will take place on February 17. Importantly, these proposed... Continue Reading
January 31, 2022

Nationwide Injunction on COVID-19 Vaccine for Federal Contractors Applies to Vaccine Requirement Only

The federal court that issued a nationwide injunction of Executive Order (EO) 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors,” has issued a new Order stating that it enjoined only the vaccine requirement of the EO’s implementing tool: the Safer Federal Taskforce (Safer Taskforce) Guidance. As a result of this Order, federal contractors covered... Continue Reading
January 27, 2022

DOL Issues, Then Withdraws, Updated Guidance on Compensability of COVID-19 Testing and Vaccine Time

The list of laws and regulations governing vaccinations and testing is growing and changing at a frenetic pace. Employers can add U.S. Department of Labor (DOL) guidance on the compensability of time spent undergoing testing and vaccinations to that list. Read more about the status of DOL guidance. Continue Reading
January 26, 2022

OSHA Withdraws Vaccine-Or-Test Emergency Temporary Standard for COVID-19

The Occupational Safety and Health Administration (OSHA) has withdrawn its enforcement of the Emergency Temporary Standard (ETS) requiring most employers to mandate COVID-19 vaccines or tests for employees. OSHA’s announcement follows the U.S. Supreme Court’s ruling to grant a temporary stay of the ETS. This move most likely renders litigation in the U.S. Court of Appeals for the Sixth Circuit deciding... Continue Reading
January 25, 2022

At-Home COVID-19 Testing Options and Alternatives

In fulfillment of President Biden’s promise to make at-home COVID tests more available for all of us, two significant action steps have now occurred: Every U.S. household has access to free at-home COVID-19 tests. As of January 18, 2022, any individual with a residence in the United States may request up to four (4) at-home COVID test... Continue Reading
January 21, 2022

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