Blank Rome’s Labor & Employment practice is pleased to announce the launch of our new blog, Blank Rome Workplace, which will offer insight and analysis on emerging employment issues across varying industries, ranging from new regulatory developments to litigation and enforcement trends.
“Labor and employment issues are complicated and evolving at an ever-quickening pace. Every day, federal, state, and local legislatures and courts change the ground rules for properly employing people,” said Scott Cooper, Partner and Co-Chair of Blank Rome’s Labor and Employment practice. “Blank Rome Workplace will provide timely updates, analysis, and practical advice to clients, outside counsel, and human resource executives seeking to navigate the ever-changing landscape.” Continue reading “Blank Rome Launches Labor & Employment Blog”

There is an old saying that natural disasters bring out the worst in nature and the best in people. As Hurricane Harvey has shown us, massive devastation is often followed by extraordinary human achievements.
Last week, the Office of Management and Budget in the White House informed the EEOC that it was delaying implementation of a rule the EEOC finalized last year, which would require significant additional information be included in annual EEO-1 reports. The EEOC’s new rule required employers to provide information on W-2 wage data and hours worked for employees within 12 specified pay bands. The first EEO-1 reports with such data were set to be due March 31, 2018.
Over half of the states in the country allow for the limited possession of marijuana for medicinal purposes. Several states, including New York, Connecticut, and Illinois, even provide explicit workplace protections to prevent adverse employment actions against medical marijuana patients. However, the Controlled Substances Act (“CSA”) makes it a federal crime to use, possess, or distribute marijuana. Under federal law, marijuana remains classified as a Schedule I controlled substance, regardless of whether it has any acceptable medical uses. So what should an employer do when an applicant or employee fails a drug test due to marijuana use, or after being informed that an applicant or employee needs to use marijuana as part of his or her medical treatment? These questions are slowly making their way into courthouses across the country, and two recent cases may prove to be instructive. 