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Marijuana Hiring & Firing Employment Litigation

Stevens & Lee

Third Circuit Predicts No Private Right of Action for Denied Job Applicants Under New Jersey Cannabis Law

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On Dec. 9, 2024, a divided panel of the Third Circuit Court of Appeals affirmed the dismissal of a class action lawsuit by New Jersey job applicants denied employment by Walmart because they tested positive for cannabis. The...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

Bradley Arant Boult Cummings LLP

The Best of Intentions: State Law Protections for Employee Cannabis Use May Not Protect Them After All

While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more

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

Connecticut Appellate Court Rules Employer Could Discharge Medical Marijuana User Impaired on the Job

On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

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In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Bass, Berry & Sims PLC

A Cautionary Tale Regarding the “Reasonable Belief” Doctrine

On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....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

Cranfill Sumner LLP

[Webinar] Employment Law Panel 2023 - February 16th, 10:00 am - 11:00 am EST

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Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more

Bradley Arant Boult Cummings LLP

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

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

Fisher Phillips

The California Legislature Is Back in Town – Employers Should Monitor These 10 Bills

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The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more

Littler

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

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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

Ballard Spahr LLP

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

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On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

Seyfarth Shaw LLP

California District Court Dismisses Disability Claims Based on Failed Preemployment Marijuana Screen

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Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. ...more

Kelley Drye & Warren LLP

The Cannabis Conundrum: A Warning For Employers

While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers...more

Ballard Spahr LLP

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

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Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

FordHarrison

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

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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

Jackson Lewis P.C.

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

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A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action...more

Saul Ewing LLP

Pennsylvania Court Finds Employee Can Assert Claim Against Employer Under State’s Medical Marijuana Act

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The Lackawanna Court of Common Pleas in Pennsylvania held, in a matter of first impression, that language in the state’s Medical Marijuana Act ("MMA") creates a private right of action for an employee that is terminated for...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

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

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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

McNees Wallace & Nurick LLC

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

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

McDermott Will & Schulte

Courts Are Siding with Employees Who Use Medical Marijuana

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

Troutman Pepper Locke

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

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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

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