In the Matter of the Claim of Jay Osborne, 102 A.D.3d 1048 (3d Dep’t Jan. 24, 2013): In this case, the plaintiff was terminated for violating his employer’s policy against personal use of the Internet during work hours because he allegedly utilized his work computer to “surf the web.” The Unemployment Insurance Appeal Board (UIAB) reasoned that his actions “had not risen to the level of disqualifying misconduct because the Internet usage was unintentional.” In affirming the UIAB’s decision, the Third Department held that the UIAB did not err by crediting the plaintiff’s testimony that he “never intentionally engaged in personal Internet use on his work computer” and instead was (1) using the Internet for work-related reasons, (2) his Internet usage “resulted from pop-ups beyond his control,” or (3) other employees utilized his computer. This case reiterates that employers who discharge employees for improper Internet usage should retain documentation or other evidence reflecting the personal Internet use; if employers fail to do so, employees may easily cite to other potential explanations in this technology-based age.
On May 27, 2016, after more than six months of public discussion, the Minneapolis City Council unanimously approved an ordinance that will require all employers in the city to provide paid sick and safe leave to most workers.
The House of Representatives passed a bill on February 15, 2018, that requires Americans with Disabilities Act (ADA) Title III plaintiffs to provide businesses with notice and an opportunity to cure any barriers before filing suit. The Senate must also pass a version of the bill before it can be sent to the White House for signing. Senate passage is reported as uncertain.
Missouri residents recently voted in favor of legalizing medical marijuana. Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative, overwhelmingly passed on November 6, 2018, amending the Missouri Constitution to allow the use of medical marijuana for any medical condition approved by a physician.