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Off-Duty Employees Employment Discrimination

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

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California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Troutman Pepper Locke

Managing Political Discourse at Work With Lessons From Mad Men - Hiring to Firing Podcast

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In part two of the three-part Hiring to Firing series, host Tracey Diamond and new co-host Emily Schifter dive into the complexities of managing employees’ political beliefs and discourse in the workplace, just in time for...more

Venable LLP

When Two Worlds Collide: Navigating Conflicts Between an Employee's Personal Beliefs and the Mission or Values of Your Business

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Given the current state of affairs in this country and the upcoming 2024 presidential election, there is no short supply of hot button issues that may come up in conversation in the workplace. Indeed, beyond the physical...more

FordHarrison

Ja Morant’s Suspension: Key Takeaways For Handling An Employee’s Off Duty Misconduct

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On March 20, 2023, following an eight-game suspension, Memphis Grizzlies’ two-time All-Star point guard, Ja Morant, returned to play in a NBA basketball game against the Houston Rockets. Grizzlies’ fans welcomed back Morant...more

Stokes Wagner

Protecting Cannabis Users - Don’t let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your...

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California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices....more

Jackson Lewis P.C.

California Enacts Law Prohibiting Employment Discrimination Based On Off-Duty Marijuana Use, Effective 2024

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Governor Gavin Newsome signed into law September 19, 2022 several measures relating to marijuana, including one that prohibits employment discrimination based on off-duty use of marijuana. The law takes effect on January 1,...more

Genova Burns LLC

High Maintenance: The NJ Cannabis Regulatory Commission Rolls Out Long-Awaited Guidance On Drug Testing, Discipline, & Cannabis In...

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Employers, note that the Guidance from the New Jersey Cannabis Regulatory Commission (the Commission) is only a temporary gap-fill. The Commission has yet to issue standards on the required certification process for those...more

Proskauer - California Employment Law

Several State “Job Killer” Bills Move One Step Closer to Passage

As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...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

Pierce Atwood LLP

Maine Recreational Marijuana Statute Answers Some Questions For Employers But Raises Others

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After more than a year of political wrangling, on May 2, 2018, the Maine Legislature overrode a second veto by Governor LePage and enacted the Marijuana Legalization Act. ...more

Seyfarth Shaw LLP

Budding Development: States Requiring Employers To Tolerate Medical Cannabis Use

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Seyfarth Synopsis: Can employers deny employment to people who use cannabis under a medical prescription authorized by state law? In more and more states, the answer is now “No.”...more

Seyfarth Shaw LLP

Maine Employees Now Protected From Repercussions Of Off-Duty Marijuana Use

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Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more

K&L Gates LLP

Working Wise: Marijuana Laws and Employee Protections

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In this episode, we highlight considerations for employers as marijuana laws continue to evolve around the country -- testing challenges; state protections from employer discrimination for off-duty use; on-duty versus...more

Akerman LLP - HR Defense

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

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Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive...more

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