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Anti-Discrimination Policies Drug Testing

Constangy, Brooks, Smith & Prophete, LLP

Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact

Can an employee’s off-duty behavior justify workplace discipline? In today’s hyperconnected world, the line between personal and professional conduct is increasingly blurred, leaving employers to navigate a tricky legal and...more

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Fox Rothschild LLP

3rd Circuit Declines to Find Employment-Related Cause of Action in New Jersey’s Marijuana Laws

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The U.S. Court of Appeals for the 3rd Circuit issued an opinion earlier this week that will have significant ramifications on the abilities of plaintiffs to bring employment-related disputes arising out of New Jersey’s...more

McNees Wallace & Nurick LLC

Let’s Talk Turkey: Prohibitions on Marijuana Next on the Menu for a City or State Near You?

In Pennsylvania, fall is in full swing, football season is hitting its stride and Thanksgiving is just around the corner.  What is on the menu for employers as the fall turns to winter?  Maybe some more restrictions on...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

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Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Expands Marijuana Employment Antidiscrimination Law

On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Cole Schotz

According to New Jersey Federal Court, Employees Cannot Sue Under New Jersey Cannabis Law

Cole Schotz on

In May 2023, a federal judge for the US District Court for the District of New Jersey ruled that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide for a...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Fisher Phillips

4 Trends for Cannabis Industry Employers to Track in 2023

Fisher Phillips on

The cannabis industry is growing at a rapid pace given the proliferation of states legalizing medical and recreational use. Indeed, most states already have a comprehensive medical cannabis program, and many are rolling out...more

FordHarrison

[Webinar] New Year, New Resolutions: Is your Workplace Prepared for 2023 and Beyond? - January 26th, 1:00 pm - 2:00 pm ET

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As we kick-off 2023, employers should ask themselves if their workplace is ready to thrive in the New Year. Join FordHarrison partner Kristin Gray for an in-depth discussion on: - Developments in Recruitment and Hiring –...more

Venable LLP

Up in Smoke: AB 2188 Outlaws Discrimination in Employment in California Based on Employees’ Off-Duty Cannabis Use (But It Doesn’t...

Venable LLP on

​​​​​​​On September 18, 2022, Governor Gavin Newsom signed into law Assembly Bill 2188, aimed at preventing employers from penalizing workers for using marijuana during their off-work hours if such use does not impair them at...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Legalized Cannabis in Missouri: What Employers Need to Know

​​​​​​​On November 8, 2022, Missouri voters will have the chance to legalize recreational marijuana. The proposed state constitutional amendment, dubbed Amendment 3, would revise and amend the existing provisions regarding...more

Stokes Wagner

Protecting Cannabis Users - Don’t let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your...

Stokes Wagner on

California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices....more

Fox Rothschild LLP

Guidance from NY Department of Labor Clears the Smoke Around Adult-Use Cannabis and the Workplace

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When New York passed the Marijuana Regulation and Taxation Act (MRTA) in March 2021, the state’s employers were immediately prohibited from discriminating against workers based on the legal use or possession of marijuana...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Cannabis Regulatory Commission’s Rules and Regulations for CREAMMA Are Here: What Employers Need to Know

As we previously reported, on February 22, 2021, Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), which, among other things,...more

Adams & Reese

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

Adams & Reese on

Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q2 2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Baker Donelson

Got Pot? Can You Test to Find Out?

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Because of the state-by-state piecemeal legalization of marijuana, employers today face a dichotomy between maintaining a safe workplace versus adhering to the ever-changing legal landscape of drug testing for marijuana....more

Fox Rothschild LLP

The Must Have Fox Rothschild Guide To Doing Business In California (And It Is Free!)

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Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ...more

Fox Rothschild LLP

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

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For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

Fisher Phillips

What New York State Employers Need To Know About Cannabis Legalization

Fisher Phillips on

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

Faegre Drinker Biddle & Reath LLP

Getting Into the Weeds: What the Legalization of Recreational Cannabis Means for New Jersey Employers

New Jersey recently joined a growing number of states and territories — including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and...more

Seyfarth Shaw LLP

New York City Adopts Rules Clarifying the “Safety-Sensitive” Exception for Pre-Employment Marijuana Tests

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Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more

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