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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Medical Marijuana Use in Off-Work Hours Still Not ‘Lawful Activity’ According to Colorado’s Supreme Court

Monday, 29 June 2015 09:04


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Although the use of medical marijuana is legal pursuant to Colorado state law, the Colorado Supreme Court recently ruled that an employer did not violate the state’s wrongful termination statute when it fired an employee for failing a random drug test. The wrongful discharge statute forbids employers from discharging employees for “lawful activities” done outside work hours. The Court held that because the use of marijuana remains illegal under federal law, the employee’s use of medical marijuana was not “lawful” as that term is used in the wrongful termination statute. Full opinion here.

   

Supervisor’s derogatory remarks do not rise to the level of same-sex harassment

Tuesday, 23 June 2015 09:35


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An employee filed a plethora of claims against her employer and supervisor, including same-sex sexual harassment. The employee alleged that her supervisor made a series of derogatory remarks that constituted sexual harassment. Specifically, the employee alleged her supervisor told her...

   

Fourth Circuit changes standard for retaliation claims

Monday, 15 June 2015 09:45


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The U.S. Court of Appeals for the Fourth Circuit recently overruled one of its own prior decisions by finding that Title VII’s anti-retaliation provision still protects a plaintiff from complaining about harassment, even if the complained about conduct is not considered a hostile work environment.

   

Cat’s paw liability extends sexual harassment to employer with temporary workers from staffing agency

Wednesday, 10 June 2015 08:09


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The employer was a supply-chain logistics company with a warehouse in Memphis. Temporary employees supplied by staffing agencies accounted for approximately 80% of its workforce. Although the employer’s employee handbook contained a sexual harassment policy, temporary employees were not given a copy of the handbook.  The employer maintained that the relevant issues applicable to temporary employees were covered during their orientation.


   

Social anxiety disorder is a disability protected by the Americans with Disabilities Act

Tuesday, 02 June 2015 09:50


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The U.S. Court of Appeals for the Fourth Circuit has determined social anxiety disorder is a disability protected by the Americans with Disabilities Act (ADA), and an employer must provide reasonable accommodations to an employee afflicted with the disorder.

   

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