The Latest in Multi-Jurisdictional Marijuana Compliance

Legalization of medical and recreational marijuana use continues to spread across the United States despite the drug remaining a Schedule I controlled substance under federal law. This comes as respondents to Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, indicated that keeping up with marijuana laws is already one of the most challenging areas of multi-jurisdictional compliance for employers.

Military Leave and USERRA Reemployment Rights: 3 Steps for Reading Orders to Determine Five-Year Cap Exemptions

Employers may be surprised to learn that certain employees with greater than five years of military leave may still have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA has numerous exemptions to the statute’s five-year service limit, and employers may need to consult an employees’ orders and discharge documents (DD-214 or NGB 22) before denying an employee reemployment rights under USERRA.

Workplace Safety in Arizona: OSHA Delays Decision on Proposal to Revoke State Plan

The federal Occupational Safety and Health Administration (OSHA) is holding off on deciding whether to revoke final approval of Arizona’s occupational safety and health (OSH) plan. On August 10, 2022, OSHA said it is extending the comment period on a proposed rule to revoke the state’s approval for another 60 days and postponed a public hearing tentatively scheduled for August 16, 2022.

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil Rights Act (Unruh Act) as part of a growing resistance in the judiciary to an onslaught of website accessibility claims.

Virtual ‘Try On’ Features: Do They Create Biometric Privacy Concerns for Retailers?

Retailers’ virtual “try-on” features have come under attack lately by lawsuits claiming violations of consumers’ biometric privacy rights. The increasing risk of litigation highlights a new area of compliance concern for retailers as online shopping has become the new normal for many consumers.

ADA Design Standards Expected for Sales and Ticketing Kiosks and Other Self-Service Transaction Machines

The U.S. Architectural and Transportation Barriers Compliance Board (commonly known as the Access Board) announced that it intends to issue an Advance Notice of Proposed Rulemaking (ANPRM) under the Americans with Disabilities Act (ADA) and the Architectural Barriers Act (ABA) in August 2022 that would create scoping and technical standards for self-service transaction devices.

New Jersey Enacts New Annual and Remote Worker Poster Requirements

Earlier this year, the New Jersey Division on Civil Rights (DCR) issued proposed regulations to allow employers to satisfy the state’s Law Against Discrimination (LAD) and Family Leave Act (NJFLA) poster requirements via an internet or intranet site rather than a conventional bulletin board in the workplace. The proposed regulations also imposed a new annual LAD and NJFLA notice distribution requirement. Those regulations became final on August 1, 2022.

Cal/OSHA Standards Board’s COVID-19 ETS Proposal Provisions

On September 15, 2022, the California Occupational Safety and Health Standards Board will continue the long and arduous journey to establish COVID-19 safety measures in the workplace. Since the California Division of Occupational Safety and Health’s (Cal/OSHA) initial ETS took effect in November 2020, the Standards Board has addressed the evolving workplace safety challenges with a series of updates.

HHS, DOL, and Treasury Give Employer-Sponsored Health Plans Another Warning on Providing Contraceptive Coverage

For the second time in six months, frequently asked question (FAQ) guidance from federal regulators is calling attention to the requirement that employer-sponsored health plans provide coverage for women, without any cost sharing, for the full range of contraceptive methods approved by the U.S. Food and Drug Administration (FDA).

2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

Earlier today, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.

Not Monkeying Around Anymore: Time for Employers to Pay Attention to Monkeypox

The World Health Organization (WHO) director general declared the current outbreak of monkeypox a Public Health Emergency of International Concern. Similarly, San Francisco declared a public health emergency due to the increase in monkeypox cases and the state of New York declared the spread of the virus an “imminent threat to public health.”

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were independent contractors (and not employees) under the ABC test for determining employment status, and, therefore, ineligible for unemployment benefits.