Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. ...more
1/22/2020
/ Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Hemp ,
Marijuana ,
Medical Marijuana ,
OSHA ,
Recreational Use ,
Safety Standards ,
Workplace Safety ,
Zero Tolerance Policies
Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more
1/14/2020
/ Appeals ,
Confidential Information ,
Credit Checks ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Federal Labor Laws ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Regulatory Standards ,
Right to Privacy ,
State and Local Government ,
State Labor Laws ,
Summary Judgment
In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more
1/7/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Duties ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more
12/10/2019
/ Ban the Box ,
Class Action ,
Conditional Job Offers ,
Consent Decrees ,
Corporate Counsel ,
Criminal Background Checks ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Minorities ,
Screening Procedures ,
Settlement Agreements
On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more
12/4/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Job Descriptions ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Reasonable Accommodation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: With limited exception, Puerto Rico has joined the growing list of states that preclude an employer or prospective employer from procuring an employee’s or applicant’s credit history and/or taking adverse...more
Seyfarth Synopsis: Waterloo, Iowa has enacted the state’s first “Ban the Box” Ordinance....more
11/27/2019
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
State Labor Laws
The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities.
...more
11/22/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
Pending Legislation ,
Recreational Use ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: Employers are grappling with the wave of marijuana laws sweeping the nation, some of which provide very employee-friendly protections....more
Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more
11/5/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Controlled Substances ,
Corporate Counsel ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Medical Examinations ,
Over The Counter Drugs (OTC)
Seyfarth Synopsis: California’s ban-the-box law strictly regulates how employers may obtain and consider background check information when hiring and making personnel decisions. What’s more, Los Angeles and San Francisco have...more
10/31/2019
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Notification Requirements ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
10/15/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Termination ,
Trucking Industry ,
Zero Tolerance Policies
Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more
7/23/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear...more
Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more
6/28/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they...more
6/27/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Dietary Supplements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Food and Drug Administration (FDA) ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Recreational Use ,
Regulatory Oversight
Seyfarth Synopsis: Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a...more
6/12/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
State Labor Laws
Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical...more
6/10/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Compassionate Use Act ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The Colorado Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history on an initial employment application....more
Seyfarth Synopsis: On May 14, 2019, the Ninth Circuit Court of Appeals added to the ongoing line of decisions in the Moran v. The Screening Pros saga, holding that under the Fair Credit Reporting Act’s rule prohibiting...more
Seyfarth Synopsis: New Mexico has enacted new legislation which will bring the growing “Ban the Box” to private employers within the state this summer....more
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor...more
4/18/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more
9/14/2018
/ Anti-Discrimination Policies ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
Seyfarth Synopsis: After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not...more
8/28/2018
/ Appeals ,
Background Checks ,
CA Supreme Court ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Credit Reports ,
Employer Liability Issues ,
Employment Litigation ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Reversal ,
State Labor Laws ,
Summary Judgment ,
Vagueness
The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more
6/22/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Opioid ,
Prescription Drugs ,
Settlement