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Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

Philadelphia Passes Ordinance Banning Marijuana Tests for Many Prospective Employees

On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021....more

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more

New Jersey Poised to Enact First Recreational Marijuana Law Protecting Workers from Adverse Employment Action

New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products...more

In Oklahoma, Medical use of Marijuana is OK, But Employers Now Have Enhanced Rights to Act

On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create...more

Michigan Employers Can Refuse to Hire Medical Marijuana Users

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more

Dear Littler: A potential new hire shaved his head after learning about our drug-testing policy. Now what?

Dear Littler: We recently offered a position to a candidate at one of our retail locations. He had a reasonable amount of head hair at the time we offered the job. After learning that we require hair testing both for new...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Eighth Circuit Rules Minnesota's Drug and Alcohol Testing in the Workplace Act Has Multi-State Reach

The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of...more

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