News & Analysis as of August 3, 2025

Employment Policies

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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 -

Immediate Assessment of Aviation Safety (Trump EO Tracker)

Akin Gump Strauss Hauer & Feld LLP on 2/3/2025

Summary - Order an immediate return to merit-based recruitment, hiring, and promotion, elevating safety and ability as the paramount standard. Also ordering the Secretary of Transportation and the Administrator of the...more

Keeping Americans Safe in Aviation

Akin Gump Strauss Hauer & Feld LLP on 1/23/2025

Terminates the use of diversity and inclusion practices in the Federal Aviation Administration’s hiring and recruitment processes. The Administration has issued a more comprehensive EO eliminating DEI programs, policies and...more

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Accommodating cannabis: A "how-to" for employers

Constangy, Brooks, Smith & Prophete, LLP on 2/9/2024

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...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

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Shaw LLP on 10/15/2019

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

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on 8/30/2019

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

NYC Passes Bill to Ban Pre-Employment Marijuana Drug Testing

Epstein Becker & Green on 4/17/2019

On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more

Medical Marijuana In Missouri: New Law Brings New Questions For Employers

Fisher Phillips on 11/8/2018

Missouri voters approved Amendment 2 on Election Day 2018, one of the three medical marijuana measures appearing on the state’s ballot. Amendment 2 adds an article to the Missouri Constitution legalizing medical use of...more

Medical Marijuana is Coming—Is Your Business Ready?

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/12/2017

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

Fisher Phillips on 7/19/2017

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

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