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- April 10, 2018
NLRB GC: Participating in Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity
April 10, 2018Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board General Counsel’s Division of Advice. The memorandum concludes that a group of Mexican-American employees who... Read More
- August 11, 2017
Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition
August 11, 2017Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug test, the U.S. District Court for the District of Connecticut has held. Noffsinger v. SSC Niantic Operating Co., LLC,... Read More
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See AllBlog Posts by Kathryn J. Barry
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Washington Law Limits Employer’s Right to Plaintiff’s Medical Records in Discrimination Cases
July 5, 2018 Effective June 7, 2018, employers defending claims brought under Washington’s Law Against Discrimination face a very constricted ability to be entitled to obtain a plaintiff’s medical records only if the plaintiff: (1) alleges a specific diagnosable physical or psychiatric injury as a proximate result of the defendant’s alleged conduct; ( Read More
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New Maryland Law Prohibits Arbitration Agreements for Sexual Harassment Claims, Requires Reporting of Sexual Harassment Settlements
July 2, 2018 Recently, Maryland’s Governor signed the “Disclosing Sexual Harassment in the Workplace Act,” becoming the most recent state to enact tougher sexual harassment laws in the wake of the #MeToo movement. The Act, which will go into effect on October 1, 2018, prohibits employers from including in any agreement, policy, or contract a provisio Read More
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Employee’s Improper Access to Secured Area Outweighs Right to Engage in Concerted Activity, NLRB Finds
March 13, 2018 The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he did so in order to engage in otherwise protected concerted activity. KHRG Employer, LLC, 366 NLRB No. 22 (Feb. 28, 2018). Read More