Labor & Employment Developments Blog

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Marijuana – Virginia has joined a growing number of states legalizing marijuana despite the fact that it remains illegal under federal law. The new Virginia law includes protections for employees who have a prescription for cannabis oil but not for other use. Such employees cannot be subjected to adverse action for a positive drug test. Many other states, including Ohio, expressly allow employers to take adverse action even where the employees use is legal. Employers need to review applicable laws and carefully consider their approach to this issue.

Errant email – Yet another recent case in the media underscores the dangers of the “reply all” button and the ill-advised practice of commenting on others’ appearances in the workplace.

Minors and Arbitration – In a recent Kentucky case, the court held that the employer could not enforce its arbitration agreement because the employee was a minor when she signed at the beginning of her employment. 

Age Discrimination – An employer suffered an adverse decision in an age discrimination case after it told an employee that his termination as part of a reduction in force was because the company wanted to “rejuvenate” the team and cut costs. Employers need to be very careful with the language they use to convey employment decisions, particularly if there are potential age discrimination claims.

Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.

You can listen here.