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As a result, employees may need to be reminded of their obligations under existing policies." " Bruen has no direct application to the workplace. Supreme Court held that gun restrictions in sensitive locations, such as schools and churches, are legal.īruen, some employees may misunderstand the status of gun laws," said Robert Boonin, an attorney with Dykema in Ann Arbor, Mich. The opinion invalidates the previous licensing requirements for concealed carry permits in California, Hawaii, Maryland, Massachusetts, New Jersey, New York and the District of Columbia. Bruen, the Supreme Court recognized a constitutional right for citizens to carry a firearm outside the home for self-defense.
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New York State Rifle & Pistol Association v.
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"The employer could still prohibit firearms at the workplace even if it does not own the property, although the precise terms might be set by contract, such as a lease between a landlord and a commercial tenant," Gartenberg explained. What if the employer doesn't own the building or the parking lot? Constitution does not give individuals the right to carry a gun into a private business.
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"Employers are responsible under the OSH Act to furnish a place of employment free from recognized hazards that could cause death or serious physical harm to its employees, and OSHA has stated that this duty requires employers to protect against the threat of workplace violence," Gartenberg said.Įmployers usually can prohibit employees from taking guns into the workplace. In addition, employers must pay workers' compensation claims for workers injured by gun violence at the workplace. Occupational Safety and Health Act (OSH Act), employers can be held liable for gun-related injuries or fatalities at the workplace. "The immediate question for employers is to revisit and potentially revise their firearms in the workplace policy to ensure the current policy conforms with the employer's goals and obligations to provide a safe workplace."Įmployers have a legal duty to keep employees safe at work. "As laws restricting gun possession are now more suspect, more of the burden on regulating firearms may fall on employers," said David Gartenberg, an attorney with Littler in Denver. The key is to strike a balance between upholding individuals' gun rights and protecting the safety of all employees and customers. Given all the recent changes, employers may wish to review their policies and consider whether changes or additions are needed. Supreme Court has recognized a constitutional right to carry firearms outside the home and Congress has passed a new gun safety law. Some state laws governing firearms at the workplace have shifted toward a more permissive stance, while the U.S.
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