Employees might think pressing record is harmless—especially when trying to document what’s said in a heated meeting. But one Director of Social Services found out the hard way that secret recordings—even legal ones—can land employees on the unemployment line. TL;DR: A federal appeals court sided with an employer that fired…
Articles Posted in Human Resources Policies
Burned by the ADA: When Legal Weed Gets You Fired
Turns out a medical marijuana card can’t cure everything—especially if what you’ve got is a bad case of ADA expectations. Here’s a lesson in what happens when federal law refuses to roll with the times. TL;DR: A Pennsylvania federal court just held that legally using medical marijuana under state law…
💻 Join Me on Zoom for a Conversation with Former EEOC Commissioner Chai Feldblum about DEI and the Law
If your company has a Diversity, Equity, and Inclusion (DEI) initiative — or you’re thinking about starting one — you’ve likely been paying attention to the legal noise surrounding these programs lately. Questions about what employers can and cannot do are swirling, especially in light of recent agency guidance and…
Are Your Company’s Arbitration Agreements Actually Enforceable? A Federal Appellate Court Just Raised the Bar.
A recent decision from the Third Circuit shows how courts are looking closely—not just at what arbitration agreements say, but also at how they’re rolled out. And even if a dispute doesn’t qualify for the new federal carveout for sexual harassment claims, employers still need to be ready to prove…
From Drug Test to Lawsuit: A Medical Marijuana Case Every Employer Should Know
If The Dude from The Big Lebowski applied for a job today—with a medical marijuana card in hand and nothing but good vibes—what legal rights would he actually have? A recent federal court decision from Pennsylvania offers a reality check for employers navigating job offers, drug tests, and lawful cannabis…
The EEOC Defines “Illegal DEI” – What Employers Need to Know
For several weeks, employment law and HR professionals have been hearing about the term “illegal DEI.” But what did “illegal DEI” actually mean—especially to the U.S. Equal Employment Opportunity Commission (EEOC), the federal discrimination watchdog? Until recently, that was anyone’s guess. That changed yesterday when the EEOC issued guidance clarifying…
Blunt Reality: NJ cannabis users cannot sue over rescinded job offers
Think you can sue your employer for not hiring you because you tested positive for cannabis? Think again. The Third Circuit just made it clear that New Jersey’s recreational marijuana law does not provide job applicants with a private cause of action. The plaintiff, who applied for a job with…
Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)
At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for…
New Jersey joins the club of states with pay transparency laws.
Sorry, 50 Cent, not that club. On Monday, New Jersey Governor Phil Murphy signed legislation (Senate Bill 2310) requiring certain businesses to disclose wage or salary information and description of benefits in job postings. Here are five things employers need to know about this new law: It covers private businesses…
Join us today at Noon ET on Zoom to learn how November’s election results may impact employment laws in 2025
In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. I’ve assembled an all-star panel of employment lawyers to explore them, including my partners Amy Epstein Gluck and Dessi Day and two…