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Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme

Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis...more

Method and Madness Behind New California and Washington Cannabis Laws

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

California Employers See Most Cannabis Testing Go Up in Smoke

On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances....more

New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey...more

New Charlotte Ordinance Expands Employment Non-Discrimination Protections

Seyfarth Synopsis: On August 9, 2021, the Charlotte City Council voted unanimously to expand the protections under the City’s non-discrimination ordinance to include additional protected categories....more

Connecticut Becomes the 20th Jurisdiction to Legalize Recreational Marijuana

Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. ...more

North Carolina Changes Separation Payment Requirements and Employer-Notice Requirements for Employee Wages

On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill 208, which modifies the requirements for: (i) final wage payment to separated employees; and (ii) employer-provided notice to employees concerning their...more

Title VII: The Fourth Circuit Expands the Evidentiary Routes for Same-Sex Sexual Harassment Claims and Rejects Attempt to Impute...

Seyfarth Synopsis: In Roberts v. Glenn Indus. Grp., Inc., No. 3:17-CV-745-GCM, 2019 WL 356809, at *2 (W.D.N.C. Jan. 29, 2019), aff’d in part, vacated in part, remanded, No. 19-1215, 2021 WL 2021812 (4th Cir. May 21, 2021),...more

Marijuana Breathalyzers: Could New Testing Methods Help Employers And Employees?

Seyfarth Synopsis: Employers are grappling with the wave of marijuana laws sweeping the nation, some of which provide very employee-friendly protections....more

Iowa Lowers Standard for Positive Alcohol Tests

Synopsis: Effective July 1, 2018, Iowa employers may lower their standard for alcohol tests and consider taking action against an employee with a blood alcohol concentration as low as .02....more

Into The Weeds: Will California Employment Law Protect Medical Marijuana Users?

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users. California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more

DOT Amends Employee Drug Testing Requirements

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

Refusal To Hire Medical Pot Users Just Got Riskier–At Least In Rhode Island

Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users....more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

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