News & Analysis as of

Marijuana Employee Rights Corporate Counsel

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

Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal

On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

Lerch, Early & Brewer on

DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

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

California Passes Bill Protecting Employees’ Off-Duty Marijuana Use

​​​​​​​California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more

Saul Ewing LLP

New York State and the City of Philadelphia Move to Prohibit Pre-Employment Marijuana Testing

Saul Ewing LLP on

New York State and the City of Philadelphia are the latest to take action on drug testing for cannabis use. As more states and municipalities enact legislation and ordinances regarding recreational cannabis use and expand...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

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

Recreational Marijuana Is Legal in New Jersey: What Employers Need to Know

On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes...more

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

FordHarrison on

On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Illinois General Assembly Passes Amendments to Recreational Cannabis Law Reducing Some Employer Liabilities

Seyfarth Shaw LLP on

The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. ...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

Littler on

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Massachusetts Recreational Pot Regulations Offer Little Guidance To Employers

Seyfarth Shaw LLP on

On March 9, 2018, the Massachusetts Cannabis Control Commission (“CCC”) filed its much anticipated recreational marijuana Regulations with the Massachusetts Secretary of State. ...more

Epstein Becker & Green

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

Constangy, Brooks, Smith & Prophete, LLP

Employment Law Believe It Or Not!

I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide