Thanks to our Canadian colleagues for this alert: 

Ontario’s revised regulatory framework for cannabis is now in effect. Bill 36, the Cannabis Statute Law Amendment Act, 2018, received Royal Assent and came into force on October 17, 2018, amending 18 provincial statutes including the Cannabis Act, 2017  (now the Cannabis Control Act, 2017 ) and the Smoke-Free Ontario Act, 2017  (SFOA 2017).

Continue Reading It’s High Time: Ontario Finally Passes Its Cannabis And Smoke-Free Legislation

This month the California Supreme Court reaffirmed that workers’ compensation laws are the exclusive remedy for an employee’s injuries. In King v. CompPartners, the Court ruled that an employee’s tort claims against a utilization review company and a doctor performing a mandatory utilization review were preempted. In so doing, the Court reminded employees that the Court construes the Workers Compensation Act (WCA) liberally and broadly, in favor of awarding workers’ compensation, not in permitting civil litigation.

 

Continue Reading California Supreme Court Affirms Broad And Liberal Construction Of Workers’ Compensation Exclusivity Provision

The Fifth Circuit held Monday, August 8, 2016, that employers who prohibit workers from storing guns in locked vehicles may be subject to wrongful discharge claims.  The decision was based on the Mississippi Supreme Court’s interpretation of a Mississippi statute, but Texas employers should take note—Texas has the same statute, potentially resulting in the same holding. Continue Reading Shots Fired By 5th Circuit – Prohibiting Guns in Parking Lots Could Lead to Wrongful Discharge Claims

Catch ’em all!  Pokémon Go is a mobile game that uses “augmented” reality to create a virtual scavenger hunt.  In the quest to catch ’em all, over 15 million people have downloaded the Pokémon Go game since its recent release.  Employers have grappled with employees’ personal use of electronic devices during work hours since gaming fads such as Candy Crush and Draw Something were released.  However, beyond creating a simple distraction in the workplace, the explosion of Pokémon Go subjects employers to potentially costly risks, including worker safety issues, lost productivity, data breach possibilities, and misuse of company resources.

Our Toronto office colleague, Mark Mendl, recently authored an article that examines the various employment issues and considerations implicated with Pokémon Go.  The article may be accessed here.

With the recent revisions to OSHA’s Field Operations Manual that, among other changes, allow for increased penalties and grant inspectors greater discretion, it is more important than ever for companies to know what to do when OSHA comes knocking.  OSHA has made it extremely easy for employees to lodge complaints and has been concentrating efforts on raising employee awareness – both of which increase the likelihood of an inspection.  OSHA has also made it clear that the oil and gas industry is an agency priority and companies within that industry can expect heightened scrutiny.  Regardless of your past experience with OSHA, knowing how to handle an inspection will help make the process as smooth (and citation-free) as possible. Continue Reading Surviving an OSHA Inspection – What to Expect When OSHA Comes Knocking