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Employers in Massachusetts may not terminate employees who use medical marijuana in accordance with a prescription according to the Massachusetts Supreme Judicial Court’s recent ruling in Barbuto v. Advantage Sales and Marketing, LLC. Barbuto, a former Advantage employee, disclosed her medical marijuana usage at the time of her hire. Ms. Barbuto worked for only one day before she was terminated for failing the company’s mandatory drug test. The company’s drug policies followed the federal drug schedule, not local Massachusetts law. The court found for Ms. Barbuto by stating that, in terminating her employment, the company illegally discriminated against her.
Boston Union Members Acquitted in Case Involving “Top Chef” Hosts
September 1, 2017 • Christina Tantoy
Category: Legal Updates
Local 25 Teamsters (Union) were recently acquitted of charges of conspiracy to extort and attempted extortion. In June 2014, the Teamsters allegedly slashed tires, used sexist and racist slurs, and threatened to “bash” celebrity host Padma Lakshmi’s “pretty little face in.”
Federal prosecutors accused the Union members of trying to shut down the filming if the show did not hire Teamsters to drive production vehicles. The prosecutors specifically had to prove that the Teamsters’ labor objectives, however egregious their actions, were illegitimate.
Effective 3/13/2017, San Jose employers must offer additional hours of work to current part-time employees before agreeing to hire additional, outside workers. These current part-time employees must in “good faith and reasonable judgment” have the necessary skills and experience to perform the work. Employers are not required, however, to offer hours to part-time employees if doing so would require overtime pay.
San Francisco Bans Inquiry Into Job Applicants’ Salary History
September 1, 2017 • Adam L. Parry
Category: Legal Updates
Effective July 19, 2017, San Francisco became the first city in California to ban employers from asking job applicants about their salary history. This is the latest in a nationwide movement to promote gender pay equality. As cited in the San Francisco Ordinance, census data shows that women in San Francisco are paid 84 cents for every dollar a man makes, and women of color are paid even less. The ban seeks to stop the “problematic practice” of relying on past salaries to set new employees’ pay rates, which perpetuates the historic gender pay gap.
Attorney Journal Article: White Glove Service for San Diego's Hospitality Industry- Peter Maretz
August 29, 2017
Category: Publications
San Diego shareholder and attorney Peter Maretz is making headlines in Attorney Journal San Diego! Check out his article on the Attorney Journal website for a great photograph of the firm!
An Update on the Ability of the Police to Search Hotel Records
June 16, 2017 • John R. Hunt
Category: Publications
Last year, the U.S. Supreme Court issued a decision that placed restrictions on the ability of law enforcement officers to inspect hotel guest registers and other records. Many local laws, which had authorized unlimited police inspections, suddenly were rendered unconstitutional. This article reviews that decision and discusses the developments that have occurred in this area during the past year.
Until recently, hotels in many jurisdictions routinely provided the police with access to their guest registers without much concern about the privacy issues that might be involved. After all, numerous cities and towns possessed ordinances that required hotels to collect specific guest information and allowed the police inspect the information upon request. A failure to allow access could result in a fine or in some cases, jail time.
EEO-1 Amendments on Pause, Working Families Flexibility Act May Convert Overtime to Comp Time, Update on Proposed Change to Federal Overtime Regulations, and more.
Mendoza (Christopher) V. Nordstrom, Inc. (Gordon, Intervener)
This case was brought in California state court, then Nordstrom removed to federal court. Most California employers have operated under the assumption that they could assign work to employees for seven or more consecutive days so long as they paid the overtime premiums.
This quarter’s newsletter includes useful information about Federal and California law updates.
EEOC on Retaliation, Class Action Waivers and the NLRA, New Information for EEO-1 Filings, and more.