News & Analysis as of September 13, 2025

Employer Liability Issues

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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

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on 9/17/2024

North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on 9/3/2024

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...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

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

Effective January 2024, New Washington Law Limits Employers’ Ability to Decline to Hire People for Past Cannabis Use

Miller Nash LLP on 5/11/2023

Although Washington decriminalized recreational use of cannabis in 2012, employers in Washington have been free to deny employment on the basis of any evidence of cannabis use, including pre-hire drug testing, and even if...more

Court upholds firing of marijuana cardholders discharged after positive weed test

McAfee & Taft on 2/20/2023

Oklahoma and Arkansas medical marijuana laws - Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more

5-Step Plan for Employers as Missouri Legalizes Marijuana

Fisher Phillips on 11/11/2022

When Missouri voters approved Amendment 3 this Election Day to legalize personal use of marijuana by adults 21 and older, employers were sure to have questions. Besides legalizing the recreational use of marijuana (also...more

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on 8/12/2022

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative. See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017). Marijuana nonetheless...more

2022 Hot Topics in Employment Law Seminar Highlights

Miles & Stockbridge P.C. on 5/31/2022

On May 13, 2022, the Miles & Stockbridge Labor, Employment, Benefits & Immigration practice group presented its twentieth annual Hot Topics in Employment Law seminar to clients from throughout Maryland and beyond. Topics...more

Weed policy options for multi-state employers -- are there any?

Constangy, Brooks, Smith & Prophete, LLP on 4/29/2022

As we all know, a growing number of states have legalized marijuana use to varying degrees. In some states, medical marijuana is permitted, but not recreational. In some states, anything goes. In some states, including New...more

But I Didn’t Inhale! Employee Drug Tests in a CBD World

Bradley Arant Boult Cummings LLP on 4/22/2022

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

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

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on 12/29/2021

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

Philadelphia Bans Pre-Hire Marijuana Testing for Most Applicants

Morgan Lewis on 12/14/2021

A Philadelphia ordinance prohibiting employers from testing applicants for marijuana as a condition of employment is set to take effect January 1, 2022. The ordinance, which was passed by the Philadelphia City Council and...more

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on 9/28/2021

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Now They Are Finally Finished: Developments from the 2021 Regular and Special Sessions of The Connecticut General Assembly...

Pullman & Comley - Labor, Employment and... on 7/23/2021

The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021, and this office provided a summary of relevant employment related legislation. Subsequently, a “Special Session” took place and...more

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

Adams & Reese on 7/22/2021

Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more

What Employers Need To Know As Connecticut Legalizes Recreational Marijuana

Fox Rothschild LLP on 6/29/2021

Connecticut Governor Andrew Ned Lamont signed into law on June 22, 2021 An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (the Act), which essentially legalized the recreational use of marijuana in...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

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

Sands Anderson PC on 5/20/2021

Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

Fox Rothschild LLP on 4/20/2021

For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on 3/2/2021

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...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

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

McManis Faulkner on 3/17/2020

Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more

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