Last night, I read this federal court opinion where a defendant, sued after firing a plaintiff who used CBD for her disability, got the entire case dismissed. So, let’s talk about how and why. According to the plaintiff’s complaint, she had a disability for which she used an over-the-counter CBD…
A former bank employee is now facing up to $250,000 in fines and ten years in prison because he allegedly wanted to watch The Matrix on a work laptop. Actually, there’s a little more to this story. Shout out to Google, which alerted me to Nate Gartrell’s article at The Mercury…
Image Credit: u/AMasterfulWriter on Reddit. Not even in Kentucky. Over on the r/antiwork Subreddit, a goldmine for employment law blog fodder, a Redditor posted this notice that a boss displayed in the breakroom at work and asked, “is this sign legal?” The sign reads: EFFECTIVE IMMEDIATELY, CONVERSING ABOUT WAGES (BOTH…
I’ll admit it. I was wrong. All those times that I joked about California being the “New Jersey of the West” when it comes to employment law. And when I said that New York City or Virginia or some other state or locality was becoming the people’s champ. I was…
On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t…
Some of you require your employees to sign agreements requiring them to arbitrate employment claims — other than claims of sexual harassment or abuse, of course. But what happens if your employees later sign another agreement — a severance agreement, for example — that doesn’t contain an arbitration provision? One…
What a Friday trifecta! The only thing better that could come in threes would be a gallon of Neapolitan ice cream — with chocolate instead of strawberry and vanilla. Beards up! Masks down. Speaking of threes, the Philadelphia 76ers have been flashing championship form since the arrival of James Harden…
If, like me, you’ve always wondered whether the Federal Arbitration Act (FAA) preempts a 2019 amendment to New Jersey’s Law Against Discrimination (LAD) that prohibits the waiver of procedural and substantive rights under the LAD, try to remain calm. I’m about to blow the lid off this jawn. (The rest…
I had this great post planned for today about the millions of American workers who skip work the day after the Super Bowl — and what employers can do (legally) to address it. Then, I remembered that I wrote about it back in 2020. So, since I’m feeling lazy pragmatic,…
On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact. Folks, they may not make it to the Super Bowl. On Monday night, the House voted 335-97 to pass the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…