DOT Advises Caution as to CBD Use

The Department of Transportation prohibits the use of marijuana by DOT-regulated safety-sensitive employees (e.g. commercial truck drivers), and has now addressed the use of increasingly prevalent cannabidiol (CBD) products. As explained in the February 18, 2020 DOT CBD Notice, THC is the primary psychoactive component of marijuana, which belongs to […]

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Philadelphia’s Salary History Ban Is Upheld

The U.S. Court of Appeals for the Third Circuit overturned a federal district court’s partial injunction of Philadelphia’s ordinance intended to help address the gender and racial pay gap by banning employers from asking about or relying upon an applicant’s salary history. As we had discussed in our May 2018 […]

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Employees Who Have Signed Arbitration Agreements Waiving Their Rights to Participate in an FLSA Collective Action Need Not Be Provided Opt-in Notice

The U.S. Court of Appeals for the Seventh Circuit established a standard for when a court may authorize notice to potential plaintiffs of their opportunity to join a “collective action” (i.e., a lawsuit on behalf of a group of similarly situated employees) under the Fair Labor Standards Act, even where […]

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February 2020 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS More NLRB Advice Memos – Social Media Activity and Scope of Contract Language In the latest batch of Advice Memoranda from the National Labor Relations Board, the Office of General Counsel (OGC) offers further guidance to employers, both unionized […]

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