In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.

On April 1, 2024, the U.S. Occupational Safety and Health Administration (OSHA) published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection.

James McGehee and Bradford Kelley provide insight into the potential impact of AI on the construction industry. 

For Construction Pros

View 

Alka Ramchandani-Raj talks about the revised Cal/OSHA rule on indoor heat standards that would apply to all industries.

Bloomberg Law

View (Subscription required.) 

Devjani Mishra discusses findings from Littler’s 2024 Annual Employer Survey Report that show an increase in workplace requests for leaves of absence or other accommodations for mental health.

Corporate Counsel

View (Subscription required.)

Devjani Mishra discusses the pandemic’s ongoing impact on the workplace revealed by key findings from Littler’s 2024 Annual Employer Survey Report.

Bloomberg Law

View (Subscription required.)

Adam Fiss, Alka Ramchandani-Raj and David Dixon discuss California Labor Code Section 6401.9, which will implement the first general industry workplace violence prevention safety requirements in the U.S. 

Law360

View (Subscription required.)

Bradford Kelley talks about the promise of AI tools to increase worker health and safety in the workplace.

Bloomberg Law

View (Subscription required)

Felicia Watson said lawmakers should oppose a proposed OSHA rule to protect workers from extreme heat because it would force employers into the role of taking care of employees like children.

E&E News

View (Subscription required)

Alka Ramchandani-Raj discusses California’s new indoor and outdoor heat rule for employees and the ambiguity surrounding how the rule will be enforced.

Bloomberg Law

View (Subscription required)

In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under the Occupational Health and Safety Act (OHSA).

Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry recently announced its publication of the Heat Illness Prevention Standard as a final regulation in the September 20, 2024, edition of the Maryland Register. Effective September 30, 2024, the final regulation—which creates obligations for Maryland employers to protect their employees against heat hazards—will be published in the Code of Maryland Regulations (COMAR) under chapter 09.12.32 Heat Stress Standards.

Rebecca Goldstein and Matthew Holmes discuss what New York’s Retail Worker Safety Act will mean for retailers and compare it to California’s Workplace Violence Prevention Act.

Chain Store Age

View 

As part of the Obama administration's commitment to accountability in spending under the American Recovery and Reinvestment Act (ARRA), the federal Office of Federal Contract Compliance Programs (OFCCP) will be tracking its ARRA-related and non-ARRA-related enforcement activities separately and aggressively auditing recipients of ARRA funds.

On July 7, 2009, OFCCP released a new directive that explains the different procedures that will apply in scheduling and conducting compliance evaluations for ARRA-funded contractors versus other federal contractors.

In this edition of his Employment Issues column, Philip Berkowitz writes that if you are internal counsel or a human resources executive, your compliance department may want to review not only policies, but also backup data.

Jeff Nowak offers advice to employers on the DOL’s announcement that it will ramp up Family and Medical Leave Act (FMLA), as well as wage and hour, audits.

SHRM Online

View (Subscription required.)

Jim Paretti weighs in on the many legal questions raised by a new law in New York City that will ban employers from using AI tools in hiring unless they're annually audited.

Law.com

View (Subscription required.)

Aki Tanaka talks about how the monthly average working hour per employee went down in Japan after the country started implementing a law limiting overtime in 2018.

SHRM Online

View (Subscription required.)

New York is postponing its AI bias law’s effective date, and Eli Freedberg says there really was no way that companies could have gotten compliant in time because of all the uncertainty still surrounding the law.

Law360 Employment Authority

View (Subscription required.)

A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted her in December 1995 in her Manhattan apartment. In her lawsuit, Ormond alleges that these entities knew about Harvey Weinstein's predatory behavior before he sexually assaulted her in 1995 and failed to protect her. The ruling allows the case to proceed, highlighting the potential scope of liability of these companies.

(November 8, 2023) – Littler, the world’s largest employment and labour law practice representing management, has released its sixth annual European Employer Survey Report. Based on responses from 780 human resources (HR) executives, in-house lawyers and business leaders from across Europe, the report explores the myriad ways in which employers are responding to changes in workplace management, policy and culture.

(January 2, 2024) – Littler, the world’s largest employment and labor law practice representing management, is ringing in the new year with a new shareholder class. The firm elevated 26 attorneys to shareholder across its U.S., Mexico and Singapore offices, effective January 1, 2024.

NEW HAVEN, Conn. (January 4, 2024) – Littler, the world’s largest employment and labor law practice representing management, has appointed Paula Anthony as office managing shareholder (OMS) of the firm’s New Haven, Connecticut office, effective January 1, 2024. Anthony succeeds Lori Alexander who will be stepping down to continue to focus on her full-time litigation and advice practice.

(January 10, 2024) – Littler, the world’s largest employment and labor law practice representing management, has released its Inclusion, Equity and Diversity (IE&D) C-Suite Survey Report, completed by more than 320 C-suite executives across the United States.

In a letter sent to Congress today, the Coalition expresses support for legislation that would modernize America’s workforce development and education system

MILWAUKEE (April 8, 2024) – Littler, the world’s largest employment and labor law practice representing management, has added John D. (J.D.) Tripoli as a shareholder in its Milwaukee office. Tripoli joins from Eimer Stahl LLP and focuses his practice on employment-related litigation.