News & Analysis as of August 13, 2025

Drug Testing

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

National State Employment Law Update Covering the First Six Months of 2025

Amundsen Davis LLC on 7/31/2025

2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level. Below is a recap of notable laws enacted throughout the U.S. that have become...more

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on 7/23/2025

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

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on 4/5/2021

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on 1/30/2018

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on 7/24/2017

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Miners & Marijuana

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/22/2015

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

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