Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more
10/27/2023
/ Adverse Employment Action ,
California ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests. The new regulations, which update 49 C.F.R. Part 40...more
On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the Commission) issued long-awaited initial rules implementing the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...more
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 April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021....more
After COVID-19 abates, employers may determine that they cannot return all employees to the workforce. Some employers may need to recall employees on a slower timeline depending on demand, social distancing imperatives, and...more
5/4/2020
/ Background Checks ,
Coronavirus/COVID-19 ,
Drug Testing ,
Employer Responsibilities ,
Form I-9 ,
Furloughs ,
Layoffs ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
WARN Act ,
Workplace Safety
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
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
In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.”...more
11/6/2019
/ Commercial Truck Drivers ,
Databases ,
Department of Transportation (DOT) ,
Drug & Alcohol Abuse ,
Drug Testing ,
FMSCA ,
MAP-21 ,
Motor Carriers ,
Safety Violations ,
Trucking Industry ,
Trucking Regulations
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
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
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
Dear Littler: We recently offered a position to a candidate at one of our retail locations. He had a reasonable amount of head hair at the time we offered the job. After learning that we require hair testing both for new...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
In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from...more