The New Mexico Supreme Court has ruled that a New Mexico National Guard member could assert a claim against the state as the employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
More and more employers, union and non-union alike, are getting ensnared in efforts by the National Labor Relations Board to aggressively expand employee rights under the National Labor Relations Act, to the detriment of employers.
This month's edition of WPI's Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those efforts, and state bills and ordinances that have advanced.
A growing number of states are tightening conditions on restrictive covenants. As of March 22, 2016, Utah has now joined their ranks with its “Post-Employment Restrictions Act,” HB 251.
It has long been clear that the ADA protects alcoholism if it qualifies as a “disability.” That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce.
A divided U.S. Supreme Court recently ruled in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment is a legal nullity that cannot moot a case.
On January 6, 2016, the Commissioner of Health of the State of New York certified that the medical marijuana program established by New York’s Compassionate Care Act could be implemented in accordance with public health and safety interests.
Must a New Mexico employer allow an employee to use medical marijuana as a reasonable accommodation for the employee’s disability? “No,” according to a New Mexico federal district court.
On December 17, 2015, the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s dismissal of the Equal Employment Opportunity Commission’s lawsuit against CVS Pharmacy.
