Karli Lubin Talmo

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On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated against or terminated for use of medical marijuana in violation of the MMA.  The court held that such a discharge from employment can form the basis of a claim for wrongful termination in violation of public policy.… Continue Reading

As we previously reported here, the Supreme Court declined to hear an appeal from the Gloucester County, Virginia School Board in a transgender bathroom case. As a result, the underlying opinion from the Fourth Circuit, which aligns with guidance from the Department of Education under the Biden Administration, stays intact.… Continue Reading

Businesses with employees in Pennsylvania should be prepared to adapt to a post-COVID-19 world now that temporary guidance regarding remote work has expired and pre-pandemic rules regarding employment tax withholding and nexus have been applied.

Effective July 1, 2021, the Pennsylvania Department of Revenue (“DOR”) announced that prior guidance, which effectively disregarded remote work by employees for Pennsylvania tax purposes, is no longer applicable.… Continue Reading

With California set to lift nearly all masking and social distancing requirements on June 15, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) has placed the burden on employers with unvaccinated workers to continue to have them masked.  On Thursday June 3, Cal/OSHA approved a rule (effective June 15th) that allows workers to go maskless only if everyone in the room is fully vaccinated.… Continue Reading

Please join us on June 10, 2021 for Ballard Spahr’s annual in-depth program highlighting key issues and developments in labor and employment law from 2020 and 2021. This year’s virtual program will cover the latest state and national legal developments, hot topics related to HR compliance including vaccination challenges, and how HR can be prepared to have a place at the table and make key contributions related to environmental, social, and governance (“ESG”) issue. … Continue Reading

On May 13, 2021 the CDC overhauled its guidance, stating that fully vaccinated people can resume most of their pre-pandemic activities without wearing a mask or social distancing. This includes indoor and outdoor gatherings, regardless of size. The CDC does still recommend that fully vaccinated people wear a mask while using public transportation and in health care settings, correctional facilities, and homeless shelters.… Continue Reading

On May 10, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued a notice that, effective immediately, case closure documents will be issued solely through the EEOC’s Portal and will no longer be sent to parties by U.S. Mail. Importantly, this means that the EEOC’s Notice of Right to Sue Letter to the complainant, which starts the clock ticking on their time to file suit in court, will no longer be mailed.… Continue Reading

On April 13, 2021, the New Jersey Supreme Court unanimously upheld an Appellate Division decision affirming a workers’ compensation order which directed M&K Construction to reimburse a former employee, Vincent Hager, for the ongoing costs of medical marijuana he was prescribed following a work-related accident which left him with chronic pain.… Continue Reading

The COVID-19 pandemic has led to a variety of claims brought by employees. Recently-filed cases are taking a new tack; shareholders are bringing derivative suits and securities claims related to companies’ coronavirus responses. These cases generally fall into two categories. The first relates to a company’s failure to implement appropriate safety measures to reduce the risk of infection to employees, customers, or the general public.… Continue Reading

As previously reported here, the American Rescue Plan Act of 2021 (ARP) was passed and signed into law on March 11, 2021, and had significant and immediate impacts on employee benefit plans, employers, and other plan sponsors and plan administrators. Last week, the United States Department of Labor issued guidance about the new COBRA subsidy rules under the ARP, but some significant questions remain unanswered.… Continue Reading