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Jeffrey M. SchlossbergBlog Posts

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  • Will Employers Have to Accommodate Employees Who Test Positive for Marijuana?

    On July 17, 2017, the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless of the employer’s drug free workplace and drug testing policies.  For a complete discussion on the ruling and tips on how...… Continue Reading
    July 26, 2017
  • Review of Previously Opened Email May Violate SCA

    In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to returning the phone, she deleted all emails that were stored on the phone. However, the employer was able to access...… Continue Reading
    July 19, 2017
  • When Are Law Firm Partners Not Partners?

    The issue of who is a “partner” and thus not an employee continues to vex professional firms.   Layers, doctors, dentists and other professionals often consider themselves non-employees, at least until they suffer an adverse workplace decision.  Then, they may choose to describe their situation as employees, not non-employee owners.  The distinction between employee and “partner”...… Continue Reading
    July 17, 2017
  • Timing Is Everything: Federal Judge Permits Suit to Continue Despite Time-Barred Allegations

    A federal magistrate in New York has recommended that an employment discrimination case survive a dismissal motion even though some of the claims relied on facts that occurred outside the statute of limitation. Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 16-cv-4897.  In Grimes, the Plaintiff alleged claims of discrimination and retaliation under various...… Continue Reading
    June 6, 2017
  • Retailer Successfully Defends Text Messaging TCPA Claim

    Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant retailer. Plaintiff brought this class action seeking $1.8 billion in damages by alleging that the company’s practice...… Continue Reading
    May 25, 2017
  • Update: Case Involving Sharing of Passwords May Be Headed to the Supreme Court

    Last August, we reported on a Ninth Circuit case in which a former employee was convicted of a crime under the Computer Fraud and Abuse Act (“CFAA”) for accessing and downloading information from his former company’s database “without authorization.”  The former employee has now asked that the U.S. Supreme review the Ninth Circuit’s decision. The...… Continue Reading
    May 22, 2017
  • “Wage-and-Hour Audits: The Time (As Always) Is Now”

    We are pleased to provide our readers with access to a recently published work by our colleague Noel Tripp on the topic of Wage and Hour audits.  For a full copy of the article, click here.… Continue Reading
    May 22, 2017
  • Appeals Court First To Hold Sexual Orientation Discrimination Covered By Title VII

    The Seventh Circuit Court of Appeals held this week that sexual orientation discrimination is covered under Title VII of the Civil Rights Act.  The federal appellate court is the first to do so.  Just last week, we reported that the Eleventh Circuit held to the contrary.  For a complete analysis of the Seventh Circuit’s decision, … Continue Reading
    April 6, 2017
  • Second Circuit Finds Allegations of Gender Stereotyping Sufficient to Permit Claim to Move Forward

    In Christiansen v Omnicom Grp., Inc. (Docket No. 16-748), Plaintiff alleged that his supervisor drew a picture of him in tights and a low-cut shirt “prancing around,” and made a poster depicting plaintiff’s head attached to a female body clad in a bikini, which resulted in one co-worker referring to plaintiff as a “submissive sissy.”  … Continue Reading
    April 4, 2017
  • Employer Denied Access to Employee GPS Data

    A federal district court in Indiana recently denied an employer’s motion to compel discovery of employee GPS data in defense of an action brought under the Fair Labor Standards Act (FLSA).   Crabtree v. Angie’s List, Inc. Plaintiffs asserted claims for denial of overtime pay during a one-year period in which they worked as Senior Sales … Continue Reading
    March 14, 2017

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