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Drug Testing Hiring & Firing Adverse Employment Action

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

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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

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

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In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

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In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

Dorsey & Whitney LLP

Workplace Drug Testing: New Iowa Court of Appeals Ruling Signals Best Practices for Employers

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On January 10, 2024, the Iowa Court of Appeals filed its opinion in Hampe v. Charles Gabus Motors, Inc., et al., which involved a former employee who was terminated for refusing to submit to a random workplace drug test....more

CDF Labor Law LLP

[Webinar] Up in Smoke: A Blunt Discussion of Applicant and Employee Drug Testing in California in 2024 - January 16th, 10:00 am -...

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As we enter 2024, CDF has designed a webinar that aims to equip California employers with essential knowledge regarding the new marijuana drug testing rules and how to update personnel testing, policies, and procedures to...more

Roetzel & Andress

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

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Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

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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

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

Littler

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

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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

Sheppard Mullin Richter & Hampton LLP

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

Farella Braun + Martel LLP

California’s AB2188 Now Prohibits Employee Discipline for Off-Duty Marijuana Use

A new law in California will significantly change the way employers can address employees’ marijuana use. While prior law made clear that employers could terminate employees for off-duty marijuana use, a new bill prevents...more

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

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Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Seyfarth Shaw LLP

District of Columbia Provides Employment Protections to Cannabis Users

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The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more

Fisher Phillips

Puff, Puff, PASSED: 6 Things Mississippi Employers Need to Know as State Passes Medical Cannabis Act

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Mississippi just became the 37th state to legalize medical marijuana when Governor Tate Reeves (somewhat begrudgingly) signed a bill into law on February 2 to decriminalize the use of marijuana/cannabis for medical purposes....more

Proskauer - Law and the Workplace

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Littler

Iowa Supreme Court Clarifies Requirements for Employee Drug Testing

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In two opinions filed on June 25, 2021, the Iowa Supreme Court clarified the state’s complex employee drug-testing requirements. The opinions shed light on key issues, such as safety-sensitive designations, notice...more

Fisher Phillips

7 Takeaways for Employers as Connecticut Passes Recreational Marijuana Bill

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The Connecticut Senate just voted to approve a bill legalizing recreational cannabis use, and since Governor Ned Lamont has stated he will sign the bill, Connecticut will soon become the nineteenth state to legalize adult-use...more

Bodman

Workplace Law Lowdown | Court’s Reminder to Employers: Be Consistent with Similarly-Situated Employees

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When evaluating employee discipline or termination, there are a number of factors to consider: Did the employee have notice of the policy or rule he allegedly violated?...more

Cole Schotz

New York Passes Employment Protections For Recreational Cannabis Use

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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

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

Littler

Rhode Island Supreme Court Upholds Dismissal of Driver Who Refused Reasonable Grounds Drug Test

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On May 29, 2020, the Rhode Island Supreme Court affirmed a trial court’s dismissal of a lawsuit alleging a violation of the Rhode Island drug testing statute brought against an employer that terminated an employee for...more

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