January

"Congress has proposed legislation that protects certain employers when they seek to comply with the laws that regulate their industries. The ""Certainty in Enforcement Act of 2014"" would prevent the EEOC, state agencies and plaintiffs' attorneys from claiming that certain employers are engaged in an unlawful employment practice when acting in accordance with federal, state or local laws. The proposed legislation notes that covered employers may include, but are not limited to, those engaged in health care, childcare, in-home services, policing, security, education, finance, employee benefits, and fiduciary duties. Rather than engaging in a preemption-style evaluation and analyzing whether one federal or state law trumps another regarding these background check-related issues, employers may want to seek legal guidance to help them evaluate the risks. Having the right processes in place can go a long way to helping employers maximize their defenses to hiring-related claims. "

"St. Petersburg Mayor Rick Kriseman is on a roll trying to improve economic conditions for some of the city's poorest neighborhoods. Today he announced another effort, but this time one that could benefit the entire city. Beginning Jan. 1, St. Pete will join nearly 70 other cities including Tampa in "banning the box." That is the box on applications for city jobs that asks prospective employees whether they have a criminal record.

The change in city policy will affect only city jobs. It does not mandate private sector jobs to follow suit. The policy also will not exclude background checks for city jobs and they will still be mandated for any public safety positions. Those checks will just be looked at later in the process."

"New York is now the 23rdstate to adopt legislation legalizing the use of marijuana for medical use. Under the state's new law, a patient who has been certified by a healthcare provider to use medical marijuana will register with the New York State Department of Health and receive a patient identification card, with which they can obtain medical marijuana from no more than five certified organizations licensed to operate dispensaries.

Unlike most state laws to this effect, however, the New York law specifically classifies individuals validly prescribed medical marijuana as "disabled" under the state human rights law, thus, presumably requiring New York employers to provide reasonable accommodations for medical marijuana users. To be covered, individuals must suffer from a "serious condition,"defined as having one of the enumerated "severe debilitating or life-threatening conditions."