In the long standing and highly regulated field of workers’ compensation, a look into the recent landscape of laws, regulations, and court decisions in New Mexico could provide a snapshot into the rapidly accelerating trajectory of medical cannabis regulation within a state’s workers’ compensation system.
During the expedited legislative session on May 20-24, the Illinois General Assembly passed HB 2455 which was signed into law as Public Act 101-633 on June 5, 2020. While well-intentioned, this Act could create a huge liability for school districts depending on how the Illinois Department of Employment Security (“IDES”) interprets the law. School districts are already facing an uncertain financial future and this law is adds more uncertainty and possibly more financial insecurity.
The Illinois Department of Public Health, local health departments, public health partners throughout Illinois, and federal agencies, including the Centers for Disease Control and Prevention (“CDC”), are responding to an outbreak of respiratory illness caused by a novel coronavirus called COVID-19 that was first identified in December 2019 during an outbreak in Wuhan, China. COVID-19 has spread throughout the world, including the United States, since it was detected and was declared a public health emergency for the U.S. on January 31, 2020 to aid the nation’s healthcare community in responding to the threat. The World Health Organization (WHO) announced March 11, 2020 that the spread of coronavirus qualified as a global pandemic.
By now most people are familiar with the #MeToo movement. The movement began in 2006 by women, specifically Tarana Burke and women of color from low wealth communities, to help survivors of sexual violence. Eleven years after the movement was founded, it exploded during the fall of 2017 when well-known women in the entertainment industry began to use the famous #MeToo hashtag and shared their stories of sexual, discrimination, abuse and harassment. Two and half years later, there has been some change, but not enough. The National Sexual Violence Resource Center, said the biggest impact of #MeToo is that it decreased the stigma associated with sexual abuse and harassment and increased awareness.
In March 2019, Senator Brian Schatz and Senator Roy Blunt introduced a bill to Congress designed to provide oversight for facial recognition technology, known as the Commercial Facial Recognition Privacy Act. If passed, this law could change the way Americans deal with privacy.
In September, the Department of Labor announced a final revised “Overtime Rule” set to take effect on January 1, 2020, that raises the “standard-salary level” from $455 to $684 weekly to an annual total of $35,568. This will entitle anyone making less than this standard salary to receive fifty percent more in hourly wages for any hours worked in excess of forty in one week because they are no longer “exempted” from the overtime pay requirement in the Fair Labor Standards Act. The Rule is expected to allow 1.3 million previously-exempt workers access to overtime pay. Workers who make more than this threshold can still receive overtime pay if their roles do not include substantial decision making such as administrative, professional, or executive jobs.
If you are a law student, lawyer, or have any association with lawyers, you have likely heard of the American Bar Association (ABA). The ABA has a great deal of influence in the legal profession, politics, the corporate world, and beyond. Recently, the ABA made headlines after a judicial nominee cried to the Senate during his Senate Committee hearing. This was, in part, due to the ABA’s influence. An ABA evaluator sent a scathing letter to the committee, putting into question the nominee’s character. This letter came under attack by Republicans for its alleged biased and untruthful nature. Despite the dividing nature of the letter, the ABA’s impact is undeniable.
In 2008, the Illinois legislature introduced and passed the Biometric Information Privacy Act (BIPA), which became the first law of its kind in the US. BIPA was passed to protect individuals against the unlawful collection and storing of biometric information. While many states have enacted similar laws, BIPA remains the most stringent among its contemporaries.
On July 31, 2019, Illinois Governor J.B. Pritzker signed House Bill 834 into law amending the Illinois Equal Pay Act of 2003. The law, which will go into effect on September 29, 2019, makes it unlawful for employers to ask applicants about their salary history. Governor Pritzker signed the Bill with the intention of eliminating the wage gap that exists between men and women in Illinois. In 2019, half of the Illinois workforce is women, but women working in Illinois earn 79 percent of what men earn. The wage gap is exacerbated for women of color. According to The American Association of University Women, Black women in the United States are paid 61 cents for every dollar paid to a white man. As a result of the amended law, Illinois employers will need to act quickly to make changes to their hiring procedures.
During Governor-elect J.B. Pritzker’s election campaign, he heavily advocated for Illinois to be more accommodating to recreational marijuana usage. In Illinois, medical marijuana has already been legalized, and new bills are being introduced to make it more accessible. If recreational marijuana is legalized, Illinois will join ten states, and the District of Colombia, in its authorization.