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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
On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more
In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more
Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more
On March 10, 2020 the New Jersey Supreme Court ruled that under the New Jersey Law Against Discrimination (“LAD”), employees who legally use cannabis as permitted by the state’s Compassionate Use of Cannabis of Medical...more
The New Jersey Compassionate Use Medical Marijuana Act (CUMMA) requires employers to accommodate an employee’s lawful use of medical marijuana outside of the workplace, the New Jersey Supreme Court has held. Wild v. Carriage...more
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
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
In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they...more
Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more
Last month, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the Act), amending the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA). The Act expands job...more
In January 2020, Nevada will become the first state to bar employers from refusing to hire a prospective employee due to a positive drug test for cannabis. The new law carves out some exceptions for employees who operate a...more
New Jersey recently joined a growing number of states, including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island, that afford certain job...more
As of July 2, 2019, New Jersey has extended workplace protections to employees and healthcare practitioners engaging in activities authorized by New Jersey’s “Jake Honig Compassionate Use Medical Cannabis Act” (the “Act”),...more
Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical...more
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
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor...more
It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more
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
Two years ago, when the Pennsylvania Medical Marijuana Act (MMA) passed, we advised employers that the Act contained an express anti-discrimination provision providing that...more
Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more
In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more
In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more