On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances....more
As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey...more
Seyfarth Synopsis: On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational...more
The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more
Seyfarth Synopsis: The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports,...more
On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...more
As we previously reported here, in numerous dissents issued in 2021, the National Labor Relations Board’s Chair McFerran blasted the Boeing Co. handbook and work rules standard due to her view that it was, for example, “so...more
Seyfarth Synopsis: Each year, employers revisit and possibly modify their background screening policies and practices to account for newly enacted ban-the-box and other laws impacting background screening. Last year, we saw...more
Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more
Last month, the Centers for Disease Control, National Institute for Occupational Safety and Health, issued a bulletin directed to employers with workers who drive as part of their jobs. The bulletin, “Marijuana Driving: How...more
Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and...more
As previously reported here, on August 12, 2021, the National Labor Relations Board’s top lawyer, General Counsel Jennifer Abruzzo, issued a memorandum instructing regional offices to send cases relating to certain issues to...more
As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which is enabling...more
Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. ...more
With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more
Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring...more
Seyfarth Synopsis: On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that...more
Seyfarth Synopsis: On June 18, 2021, the Iowa Supreme Court upheld a portion of the Waterloo, Iowa ban-the-box law’s restrictions on “when” employers can inquire about criminal history, but struck down restrictions on “what”...more
The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth...more
Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. ...more
On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a...more
Once again, the National Labor Relations Board’s sole Democrat, Chairman McFerran, has issued a dissent that sheds light on how a Biden-Board likely will reverse precedent established by the Trump-Board. This update is our...more
Following closely on the heels of both New York and New Jersey enacting recreational cannabis laws, New Mexico and Virginia have enacted their own laws allowing adults to use cannabis for recreational purposes. Virginia went...more
Seyfarth Synopsis: New York has become the latest state to enact a law protecting the use of personal nonmedical cannabis for individuals age 21 and over. As one of the nation’s largest cannabis markets, New York will...more
Seyfarth Synopsis: On March 23, 2021, Governor J.B. Pritzker signed into law SB 1480, which includes amendments to the Illinois Human Rights Act prohibiting employment discrimination based on an individual’s conviction...more