Connecticut Governor Ned Lamont recently signed Senate Bill 1201, making Connecticut the 19th state to legalize recreational marijuana for adults 21 years or older. The new law not only requires expungement of certain...more
On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers...more
After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing...more
On March 23, 2020, the U.S. Department of Transportation issued Guidance on compliance with DOT drug/alcohol testing regulations for employers concerned about their ability to meet regulatory testing requirements during the...more
On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver...more
On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more
3/20/2020
/ Commercial Truck Drivers ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Management Plans ,
FMCSA ,
Mandatory Declarations ,
Medical Supplies ,
Motor Carriers ,
Operators of Essential Services ,
Safety Standards ,
Trucking Industry ,
Trucking Regulations
As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by...more
11/25/2019
/ Adverse Employment Action ,
Amended Legislation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana Cultivation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana. Under A.B. 132, employers are generally prohibited from...more
6/26/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438). The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make...more
6/20/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws
On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more
4/11/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Conditional Job Offers ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Marijuana ,
State and Local Government
On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create...more
In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more
2/25/2019
/ Conditional Job Offers ,
Corporate Counsel ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Medical Marijuana ,
Screening Procedures ,
State and Local Government ,
State Labor Laws
The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more
On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...more
10/22/2018
/ Anti-Retaliation Provisions ,
Drug Testing ,
Electronic Reporting ,
Employee Incentive Plans ,
Health & Safety Standard ,
New Guidance ,
OSHA ,
Policy Memorandums ,
Regulatory Oversight ,
Regulatory Standards ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of...more
9/12/2018
/ Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
State Labor Laws
On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more
1/30/2018
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Popular ,
State and Local Government
Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more
12/27/2017
/ Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Opioid ,
Prescription Drugs ,
Regulatory Oversight ,
Transportation Industry ,
Trucking Industry
Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more
8/17/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Marijuana ,
Medical Marijuana ,
Popular ,
Preemption ,
Zero Tolerance Policies
A new Tennessee law, effective July 1, 2017, imposes new reporting requirements on healthcare practitioner (HCP) employers. Under the new reporting law, in certain circumstances, HCP employers must "promptly" report to the...more
On November 8, 2016, Maine voters approved “Question 1”—An Act To Legalize Marijuana (“ALM” or “the Act”). “Emergency” legislation since passed by the Maine legislature and signed by Governor Paul LePage now provides...more
On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.” The Clearinghouse will provide a central database identifying...more
Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more
5/16/2016
/ Alcohol Testing ,
Data Collection ,
Drug Testing ,
Electronic Filing ,
Employer Liability Issues ,
Employer Mandates ,
Final Rules ,
OSHA ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of...more
On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use. In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is...more
The National Labor Relations Act’s limitations on employer no-solicitation/no-distribution policies have been established for decades, right? Most labor relations practitioners and Human Resources specialists are familiar...more