News & Analysis as of September 13, 2025

Adverse Employment Action

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

[Webinar] Multijurisdictional Employers, Part 4: Marijuana and Other Drug Testing in the Workplace - September 25th, 2:00 pm -...

PilieroMazza PLLC on 9/11/2025

As marijuana laws continue to diverge at the state level—ranging from full legalization to nuanced medical use protections—multistate employers are increasingly challenged to reconcile conflicting obligations under federal...more

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

Roetzel & Andress on 11/9/2023

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

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on 10/27/2023

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

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

Littler on 5/19/2023

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

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

Fisher Phillips on 2/22/2022

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

7 Takeaways for Employers as Connecticut Passes Recreational Marijuana Bill

Fisher Phillips on 6/23/2021

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

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on 4/5/2021

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

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

Littler on 12/22/2020

On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more

Medical Marijuana Musings (Two Years Later)

McNees Wallace & Nurick LLC on 2/10/2020

Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

Rumberger | Kirk on 1/31/2020

With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

Seyfarth Shaw LLP on 1/7/2020

In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

Illinois Amends Recreational Marijuana Statute to Clarify Employers’ Rights

Faegre Drinker Biddle & Reath LLP on 12/23/2019

On December 4, 2019, Illinois Governor J.B. Pritzker signed into law amendments to the Illinois Cannabis Regulation and Tax Act (Illinois Cannabis Act) that clarify employer rights to enforce reasonable workplace drug...more

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on 12/19/2019

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Amendments to Illinois’ Recreational Marijuana Law May Reduce Employer Liability

Vedder Price on 12/11/2019

As we previously reported in “Illinois’ Legalization of Marijuana May Change the Drug-Free Workplace Landscape,” Illinois’ Cannabis Regulation and Tax Act (the “CRTA”) will legalize recreational marijuana effective January 1,...more

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

Seyfarth Shaw LLP on 12/4/2019

On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more

New Oklahoma medical marijuana rules go into effect Friday

McAfee & Taft on 8/28/2019

When Oklahoma’s new medical marijuana law goes into effect this Friday, August 30, employers will have more ways to maintain a safe workplace. Under the current law, employers have been able to discharge any employee who...more

Recent Progression in the Legalization of Marijuana has left Employers Dazed and Confused

FordHarrison on 8/13/2019

In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

McNees Wallace & Nurick LLC on 7/25/2019

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

Growing Cannabis Laws: What’s an Employer to Do?

Lowndes on 7/18/2019

As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

Littler on 6/26/2019

Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana. Under A.B. 132, employers are generally prohibited from...more

Illinois’ Legalization of Marijuana May Change the Drug-Free Workplace Landscape

Vedder Price on 6/21/2019

Recreational cannabis is poised to become legal in Illinois in 2020, and Illinois employers should consider the impact now. In late May 2019, the Illinois House and Senate approved the Cannabis Regulation and Tax Act (the...more

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Schulte on 6/20/2019

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

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

Troutman Pepper Locke on 6/19/2019

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

Time For Paranoia? The ‘Legalization’ Of Marijuana In Illinois And The Workplace Ramifications

Fisher Phillips on 6/14/2019

Illinois lawmakers recently approved House Bill 1438, referred to as the “Cannabis Regulation and Tax Act,” legalizing recreational marijuana. Governor Pritzker is expected to sign the bill into law, making Illinois the 11th...more

Nevada Becomes the First State to Restrict Employer Use of Pre-Employment Cannabis Tests

Seyfarth Shaw LLP on 6/12/2019

Seyfarth Synopsis: Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a...more

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