George Morrison

The Great Resignation of 2021: The Stay Interview – An Employee Retention Tool

Employers continue to grapple with the avalanche of legal and operational issues that arose in 2021. A global pandemic proved to be only the beginning, as major supply chain disruptions, emergency closures, telework and the most recently revived OSHA vaccine mandates (along with now facing the difficult decision to terminate productive employees who do not …

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OSHA ETS Heads to Sixth Circuit

On November 16, 2021, the U.S. Court of Appeals for the Sixth Circuit was selected during the Judicial Panel on Multidistrict Litigation’s lottery to hear the multiple consolidated challenges to the recent COVID-19 Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). OSHA is permitted to issue an ETS if the …

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Private Right of Action Confirmed Under Pennsylvania Medical Marijuana Act

This month, the Pennsylvania Superior Court held as a matter of first impression that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA). The case is Scranton Quincy Clinic Company, LLC, et al. v. Pamela Palmiter, Case No. 498 MDA 2020 (Pa. Super. Ct. Aug. 5, 2021). Plaintiff Palmiter …

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Words Matter in Attendance Policies

The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s policy that required an employee to request and be approved for FMLA leave and, once approved, to report an FMLA absence …

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