News & Analysis as of

Anti-Discrimination Policies Drug Testing Employer Liability Issues

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

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

Perkins Coie

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

Perkins Coie on

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

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

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

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

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Seyfarth Shaw LLP on

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

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

FordHarrison on

On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Fenwick & West LLP

2020 New York Employment Law Update - New York Updates Wage and Hour, Discrimination and Salary History Employment Laws

Fenwick & West LLP on

As outlined in our prior alert, a multitude of changes in New York employment law have either gone into effect or will be in effect soon. We encourage employers with New York operations to review our prior guidance,...more

Foley & Lardner LLP

Zero Tolerance for Zero Tolerance Marijuana Policies?

Foley & Lardner LLP on

Employers are undoubtedly aware of the ever-changing landscape of marijuana laws across the country. Complicating matters for larger employers is that these evolving statutes are creatures of state law with little uniformity...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

Rumberger | Kirk on

With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

Seyfarth Shaw LLP on

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Proskauer - Law and the Workplace

The Employment Law Landscape in 2020

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Seyfarth Shaw LLP

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

Seyfarth Shaw LLP on

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

Stinson LLP

Illinois' New Recreational Marijuana Law Creates New Hurdles for Employers with Zero Tolerance Policies

Stinson LLP on

With the passage of the Cannabis Regulation and Tax Act in June, Illinois became the 11th state in the country to legalize the recreational use of marijuana....more

FordHarrison

Recent Progression in the Legalization of Marijuana has left Employers Dazed and Confused

FordHarrison on

In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more

McNees Wallace & Nurick LLC

New Jersey Expands its Medical Cannabis Act to Include Workplace Protections

Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use.  Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical...more

Cozen O'Connor

Employment Law Now: III-47 - New York, New World

Cozen O'Connor on

This episode offers the top 10 new employment laws coming out of New York in the first half of 2019. It is significant for New York employers AND for those employers wondering what trends will be reaching their other...more

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