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California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more
In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...more
On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more
A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by...more
California employers should take steps now to ensure their policies and practices align with new employment protections for cannabis consumption. Specifically, employers in the state are now barred from discriminating against...more
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
On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more
DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more
On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more
Employers should review policies covering drug screening and controlled substances to ensure compliance by Jan. 1, 2024 - Employers in Washington who engage in pre-employment drug testing must re-evaluate their drug...more
With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more
Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more
Employers, note that the Guidance from the New Jersey Cannabis Regulatory Commission (the Commission) is only a temporary gap-fill. The Commission has yet to issue standards on the required certification process for those...more
A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment...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
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
Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more
An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding...more
In the first four months of 2021, numerous states, including Virginia, New Mexico, New York and New Jersey passed laws dismantling restrictions on recreational and medical cannabis. Employers in these states are raising...more
The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more
On Jan. 28, the New York State Appellate Division, First Department, issued a decision with potentially significant implications for employers confronted with their employees’ use of medical marijuana. ...more
On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes: 1. The Recalibration of Federal Agencies The year 2019 was the year of...more