This week, we shed light on the growing issues surrounding electronic employee monitoring, the Equal Employment Opportunity Commission’s (EEOC’s) disavowal of comments by a former General Counsel (GC) regarding abortion travel benefits, and California’s latest marijuana employment protection law.

Video: YouTubeVimeo.

Podcast: Apple PodcastsGoogle PodcastsOvercastSpotifyStitcher.

NLRB GC Seeks to Widen Scope of NLRA

Last week, National Labor Relations Board GC Jennifer Abruzzo issued a memo on employee protections against alleged “intrusive and abusive” use of electronic monitoring and automated management.

Former EEOC Head Does Not Speak for Agency, EEOC Says

The EEOC has officially disavowed the letters its former GC Sharon Fast Gustafson sent to some employers in early October. The EEOC said that Gustafson lacks the authority to make any such claim and does not speak for the agency. However, the EEOC’s actual position on abortion travel benefits remains unclear. 

California Adds Marijuana Employment Protections for Workers

Effective January 1, 2024, a new California law will prohibit employment decisions based on off-duty marijuana use. California employers can still maintain a drug-free workplace, but they cannot discriminate based on marijuana use outside of the office.

Other Highlights

Employers Await High Court Clarity on Attorney-Client Privilege
Bloomberg Law
Jeffrey Mongiello quoted

Time Spent Booting Up Computers May Be Compensable, According to Unanimous 9th Circuit
Wage and Hour Defense Blog
Adriana Kosovych, Alexandria Adkins

The ASA Effective Date Is Fast Approaching: Employers Should Get Their Insurance House in Order Now
Commercial Litigation Update
Melissa Jampol, Lori Medley, Christopher Coyne

Fall Back: Westchester’s Pay Transparency Law Takes Effect on November 6, 2022
Workforce Bulletin
Marc Mandelman, Nancy Gunzenhauser Popper

Massachusetts Non-Compete Laws: 2022 Update
Trade Secrets & Employee Mobility
David Clark, Erik Weibust

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 


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