When a workplace issue arises, one of the first questions is who should handle the investigation – and whether it’s time to bring in outside counsel. In this episode of From Lawyer to Employer, Shipman partners Dan Schwartz and Sarah Westby walk through the key considerations, from independence and scope to privilege and deliverables
The Massachusetts Paid Family and Medical Leave law (“PFML”) has been a source of both confusion and compliance headaches for employers. While the law provides critical protections for employees who need time away from work for qualifying medical and family reasons, employers frequently stumble when trying to comply with the law. Below, we examine the
In April of last year, the Supreme Court held that employees alleging discrimination under Title VII only need to show “some harm” to the terms and conditions of their employment in order to prove that they suffered an adverse employment action, unanimously rejecting the heightened “significant harm” standard followed previously by many lower courts. The
New Jersey’s labor peace agreement mandate found in the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (“CREAMM”) Act is the latest target for lawsuit.
Under the CREAMM Act, a cannabis company must enter a labor peace agreement with a “bona fide labor organization” as a precondition for licensure. This is not a unique feature of cannabis
On May 23, 2025, a National Labor Relations Board (“NLRB”) administrative law judge held that a cannabis company violated the National Labor Relations Act (“NLRA”) by laying off store associates without bargaining the impact with their union, and by directly dealing with employees.
While the decision here is not novel, the fact that an administrative
On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace agreement with a labor union, is preempted by the National Labor Relations Act (“NLRA”) in violation of the Supremacy Clause
On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts that certain provisions of the Marihuana Regulation and Taxation Act (“MRTA”) are preempted by the National Labor Relations Act (“NLRA”).
Last week, the Second Circuit Court of Appeals announced a significant change to the standard by which employers must address disability-related accommodation requests. In Tudor v. Whitehall Central School District, Case No. 23-665, the Second Circuit held that plaintiffs suing their employers for failure to provide a reasonable accommodation no longer need to prove
With everything going on in the world of cannabis, day-to-day personnel matters can fall by the wayside. International markets are beginning to emerge, bringing the potential for expansion and investment, but also increased competition. Here in the U.S., many anticipated that 2025 would see rescheduling, clarification around hemp manufacture and sales, and perhaps even safe
Join host Dan Schwartz and Sarah Westby, partners at Shipman & Goodwin, as they delve into the latest wage and hour regulations under the Fair Labor Standards Act (FLSA). This episode explores the implications of a federal court ruling that struck down recent DOL salary threshold increases, what it means for employers, and how