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Job Applicants Drug Testing Employment Litigation

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Jackson Lewis P.C.

Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action

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The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more

Littler

Littler Lightbulb: December Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more

Parker Poe Adams & Bernstein LLP

Third Circuit Rejects Claims by New Jersey Applicant Who Failed Cannabis Test

In Zanetich v. Walmart Stores East Inc., the Third Circuit Court of Appeals held that a job applicant could not bring a claim against Walmart under New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Rules New Jersey Marijuana Law Lacks Private Right of Action to Enforce Employment Protections

A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for...more

Foster Swift Collins & Smith

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

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

Poyner Spruill LLP

[Hybrid Event] Employment & Employee Benefits Seminar - February 7th, Durham, NC

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Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to...more

Nossaman LLP

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

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Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

U.S. Equal Employment Opportunity Commission...

Steel Painters Settles EEOC Disability Discrimination Suit

Industrial Painting Company Unlawfully Fired Worker Because of His Medically Prescribed Methadone, Federal Agency Charged - HOUSTON - Steel Painters, LLC, an industrial sandblasting and painting services company based in...more

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Troutman Pepper Locke

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

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Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Storm Clouds for Manufacturers

New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern.  Effective May 20, 2020, New York City employers will no...more

Parker Poe Adams & Bernstein LLP

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

FordHarrison

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

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A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

Genova Burns LLC

PUMA Provision Provides Powerful Position for Prospective Employee in Connecticut Medical Marijuana Case

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The magical mystery tour of medical marijuana-related employment litigation continued earlier this month with a decision out of the U.S. District Court for the District of Connecticut in the case of Noffsinger v. SSC Niantic...more

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