By Danielle Kays and James Nasiri

Seyfarth Synopsis: On September 22, 2022, the Illinois Supreme Court heard oral arguments in an Illinois Biometric Information Privacy Act (“BIPA”) case entitled Tims v. Black Horse Carriers, Inc.  Following an Illinois appellate court’s decision that a one-year limitations period applies to certain sections of the Act while a five-year period applies to other
Continue Reading Illinois Supreme Court Hears Arguments on the Proper Limitations Period for BIPA Claims in Tims v. Black Horse Carriers

By Jennifer L. Mora and Frederick T. Smith

Seyfarth Synopsis As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey Constitution to legalize recreational cannabis.

The law allows employers to conduct numerous forms of drug testing for
Continue Reading New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

By Linda C. Schoonmaker and Eron F. Reid

Seyfarth Synopsis: Baylor Miraca Genetics Laboratories, LLC (“BMGL”) is in the genetic test business. BMGL sells its tests to its “channel partners,” who in return test specimens ordered by physicians. Brandon Perthuis became BMGL’s Vice President of Sales and Marketing in early 2015. The two-page employment agreement drafted by BMGL provided
Continue Reading Do You Really Want to Keep Paying Commissions to the Salesperson You Fired?

By Jennifer L. Mora

Seyfarth Synopsis: On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational use. Retail sales are expected to begin as early as December 1, 2022. The new law, which is effective
Continue Reading Rhode Island Legalizes Cannabis for Recreational Use

By Jesse M. Coleman and Owen Wolfe

A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights on what inferences courts will, and will not, draw in favor of a plaintiff seeking a preliminary injunction based on alleged
Continue Reading Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

By Justin K. Beyer

Seyfarth Synopsis: The ongoing saga of DC’s controversial Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) logged another chapter last week when the DC Council passed a further amendment delaying the effective date of the Act from April 1, 2022, until October 1, 2022.

The Act, which was originally passed in December 2020,
Continue Reading The Effective Date of DC’s Non-Compete Ban Delayed Yet Again

By Daniel I.Small and Robert S.Whitman

Seyfarth Synopsis: This week, Governor Hochul announced that she will lift the mask-or-vaccinate mandate for nearly all public places of business on February 10, 2022.  The New York Department of Labor has now revised its model safety plan under the HERO Act to eliminate the mask requirement in most settings.  Other HERO Act
Continue Reading UPDATED: New York Lifts Mask-or-Vax Mandate and HERO Act Masking Requirement

By Adam R. YoungRobert T. Szyba, Robert S. Whitman, and  Craig B. Simonsen

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).

New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work

By Adam R. YoungMelissa A. Ortega, and Craig B. Simonsen

Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into effect until June 1,
Continue Reading A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022

By Daniel I. Small and Robert S. Whitman

Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated through October 31, 2021. 

As previously reported (herehere, and here), New York State’s health
Continue Reading NY HERO Act Update: Safety Plans Must Remain in Place