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Drug Testing Employment Policies Today's Popular Updates

Fisher Phillips

Texas Employers Should Prepare for Uptick in Cannabis Use and Accommodation Requests as State Expands Medical Marijuana Law

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You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1. In addition to changing the...more

Fisher Phillips

Employer Cheat Sheet for Workplace Laws Taking Effect July 1

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Most employers are prepared for new laws at the start of each year – but did you know that a heap of new workplace laws take effect at the halfway point? Here’s your employer cheat sheet to prepare for July 1 effective dates…...more

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Troutman Pepper Locke

Employer Drug-Testing Policies Must Evolve With State Law

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While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

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Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

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Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

Chartwell Law

Marijuana in the Workplace: Uncertainty and Risks for Employers

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Employers continue to grapple with New Jersey’s marijuana laws. First enacted in 2010, and amended in 2019, the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA) legalized the medicinal use of marijuana. More...more

Seyfarth Shaw LLP

Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

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Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more

Health Care Compliance Association (HCCA)

[Event] Richmond Regional Healthcare Compliance Conference - December 10th, Richmond, VA

Our one-day Regional Compliance Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Littler

New Jersey Marijuana Law Employment Provisions Take Effect

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On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the Commission) issued long-awaited initial rules implementing the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...more

Troutman Pepper Locke

Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization

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As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

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Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...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

Jackson Lewis P.C.

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

Jackson Lewis P.C. on

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

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

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Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

McDermott Will & Schulte

Courts Are Siding with Employees Who Use Medical Marijuana

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Amundsen Davis LLC

Up In Smoke: Recreational Marijuana And Its Impact On The Illinois Workplace

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It appears Illinois will become the 11th state to permit recreational cannabis. Once Governor Pritzker signs the legislation, as promised, beginning January 1, 2020, the Cannabis Regulation and Tax Act (“Act”), will allow...more

Jackson Lewis P.C.

Medical Marijuana Users May Not Be Discriminated Against In New Jersey

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A New Jersey appellate court has held that a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana....more

Constangy, Brooks, Smith & Prophete, LLP

CALIFORNIA SNAPSHOT: Is "Medical Marijuana Accommodation" On The Way?

Let's be blunt. The legalization of medical and recreational marijuana use in California has placed employers in a tough situation as they grapple with crafting and enforcing workplace drug policies that comply with an area...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Tucker Arensberg, P.C.

Recent Decisions Suggest that Employers Cannot Terminate or Refuse to Hire Medical Marijuana Cardholders for Failing a Drug Test

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Two recent decisions from Rhode Island and Massachusetts suggest that employers cannot terminate or refuse to hire medical marijuana cardholders for failing a company drug test. Although these decisions are not binding in...more

Parker Poe Adams & Bernstein LLP

Maine Prohibits Employers From Discrimination Based on Off-Duty Marijuana Use

In 2016, Maine voters approved a referendum that legalizes use of recreational marijuana in the state. Among other things, the referendum prohibits employers from discrimination against employees based on off-duty marijuana...more

Littler

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

Littler on

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

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