Articles and Blogs

The United States Food and Drug Administration (“FDA”) issued a statement (the “Statement”) clarifying its position on cannabidiol (“CBD”) products in the wake of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) signed December 20, 2018.¹ The 2018 Farm Bill is a broad piece of legislation that regulates agricultural programs ranging from income support... READ MORE

In the year or so since the #MeToo and #TimesUp movements shined a national media spotlight on sexual harassment in the workplace, the issue has reached several courts and state legislatures as well. As a result, employers may now be required to take additional action in developing policies and procedures to address sexual harassment,... READ MORE

As you are likely aware, employers who use third parties to perform background checks (e.g., driving record, credit reports, criminal background, etc.) must comply with the Fair Credit Reporting Act (“FCRA”) rules in that regard, including providing the subject consumers (applicants and employees) with notice of their rights. You may not be aware that... READ MORE

After a successful ballot initiative in the fall of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) became effective on December 6. In essence, the law permits adults age 21 and older to possess and use marijuana for recreational purposes (within certain limits) and provides for the regulation and taxation of marijuana... READ MORE

The Department of Homeland Security (“DHS”) recently announced a notice of proposed rulemaking that would require employers seeking to file cap-subject H-1B petitions to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”). The proposed rule would also reverse the order that USCIS selects H-1B petitions under the H-1B cap and the advanced... READ MORE

A recent decision from a U.S. District Court in Wisconsin held that the Family and Medical Leave Act (“FMLA”) claim brought by the former employee of an assisted living center could not be dismissed. The outcome and the facts are instructive for other health care employers. The former employee of the assisted living facility,... READ MORE

Have you ever asked or been asked, “What can I put away for my retirement next year?” The answer could be different for almost every year. Most of the limitations in the Internal Revenue Code are indexed with inflation. They increase in many years but not all. The IRS and Social Security Administration have... READ MORE

The November 6, 2018 midterm elections will be remembered for a lot of things, including the wave of marijuana legalization that followed after polls closed. A majority of voters in Utah and Missouri endorsed ballot initiatives that legalized the medicinal use of marijuana in both states. Michigan, for its part, became the first Midwest... READ MORE

NATIONAL Azar Issues 2nd HIPAA Privacy Rule Waiver in As Many Months Aetna Reaches Settlements with State AGs Over HIPAA Violations CMS signs up 1,547 providers for new bundled payment model Amazon, Walmart patents highlight potential of biometric monitoring Grassley calls for Federal Trade Commission to examine hospital, insurer contracting 39 new ASCs were... READ MORE

Recently, the Wisconsin Supreme Court affirmatively ruled that an employee’s violation of his or her employer’s written absenteeism policy constituted “misconduct” under Wis. Stat. § 108.04(5), even where the employer’s absenteeism policy was more stringent than the definition of absenteeism outlined under the statute. In doing so, the Court reversed a decision by the... READ MORE