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On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...more
This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more
While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more
On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more
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
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
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more
Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more
Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more
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
On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more
Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. ...more
While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers...more
Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more
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
A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more
The Lackawanna Court of Common Pleas in Pennsylvania held, in a matter of first impression, that language in the state’s Medical Marijuana Act ("MMA") creates a private right of action for an employee that is terminated for...more
Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more
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
Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more