California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more
7/29/2025
/ California ,
Construction Industry ,
Drug Testing ,
Employee Rights ,
Employment Discrimination ,
Employment Policies ,
Exemptions ,
Hiring & Firing ,
Marijuana ,
New Legislation ,
State Labor Laws
In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to...more
A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer.
The employer had a drug testing...more
The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of...more
A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. ...more
A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to...more
Mississippi Governor Tate Reeves signed legislation legalizing medical cannabis on February 2, 2022. Known as the “Mississippi Medical Cannabis Act”, the law permits the use of medical cannabis to treat certain debilitating...more
Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more
The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022.
The new Chapter 9-4700 of the Philadelphia Code states that except...more
5/6/2021
/ Child Care ,
Drug Testing ,
Employment Policies ,
Federal Contractors ,
Health and Safety ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
New Regulations ,
Police ,
State and Local Government
A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more
A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL...more
The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford...more
An employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law, the Rhode Island Supreme Court has held. Colpitts v. W.B. Mason Co., Inc., No....more
The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have...more
A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for...more
The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. In addition, the Commission stated that it is...more
The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect...more
The New Jersey Compassionate Use Medical Marijuana Act (CUMMA) requires employers to accommodate an employee’s lawful use of medical marijuana outside of the workplace, the New Jersey Supreme Court has held. Wild v. Carriage...more
A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy....more
A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more
Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by...more
2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that...more
New Jersey has provided job protections to medical marijuana users and created new drug testing procedures under new law signed by Governor Phil Murphy on July 2, 2019, that took effect upon signing.
The new law also...more
New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana...more
The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019, legalizing marijuana for recreational purposes. Governor J.B. Pritzker has stated he will sign the bill and it...more