Exemptions, Hiring & Firing, Drug Testing

California Construction Employers May Rely On Legal Exemption To Drug Test for Marijuana

Jackson Lewis P.C. on 7/29/2025

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

Trucking Industry Group Seeks to Conduct Drug Screening Utilizing Hair Testing

Holland & Knight LLP on 10/4/2022

The Federal Motor Carrier Safety Administration (FMCSA) has requested public comment on an application for exemption submitted by The Trucking Alliance that would allow trucking companies to use hair testing in addition to...more

Illinois Legalizes Recreational Marijuana: Impact on Employers

Proskauer - Law and the Workplace on 6/27/2019

Illinois will soon become the eleventh state to legalize the recreational use of marijuana. On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”). The CRTA,...more

New York City Council Passes Trailblazing Bill to Ban All Preemployment Marijuana Testing

Genova Burns LLC on 4/17/2019

The New York City Council recently passed a bill that, if signed by Mayor Bill de Blasio, would prohibit most New York City employers from requiring job applicants to submit to drug tests for marijuana use as a condition of...more

New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana

Proskauer - Law and the Workplace on 4/15/2019

The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair...more

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/3/2019

A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more