News & Analysis as of

Drug Testing Reasonable Accommodation

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

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A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

Jackson Lewis P.C.

Minnesota’s Latest Legislative Session Update

Jackson Lewis P.C. on

Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay...more

Fisher Phillips

How Will Psychedelics Impact the Workplace as Therapeutic Treatment Gains Popularity? 4 Things Employers Should Know

Fisher Phillips on

You may think of “magic mushrooms” as nothing but a novelty, but psychedelics like psilocybin are gaining popularity as a therapeutic mental health treatment – raising questions about their impact on the workplace. Are your...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

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

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Haynsworth Sinkler Boyd, P.A.

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

Fisher Phillips

5 Things Kentucky Employers Need to Know About the State’s New Medical Cannabis Law

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Kentucky just became the 38th state to legalize medicinal cannabis when Governor Andy Beshear signed SB 47 into law on March 31. This comes after many years of failed legislation and just a few months after the governor...more

Cranfill Sumner LLP

[Webinar] Employment Law Panel 2023 - February 16th, 10:00 am - 11:00 am EST

Cranfill Sumner LLP on

Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more

Fisher Phillips

Kentucky Governor Signs Executive Order Protecting Medical Marijuana Use: 6 FAQs for Employers

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In a historic move, Governor Andy Beshear just issued an executive order allowing Kentuckians diagnosed with certain medical conditions and receiving palliative care to purchase, possess, and use medical cannabis. Prior to...more

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

Rivkin Radler LLP on

Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

Constangy, Brooks, Smith & Prophete, LLP

Is Biden about to make marijuana legal?

If so, what will that mean for employers? Yesterday, President Biden announced that he was pardoning everyone who was criminally convicted of simple possession of marijuana under federal law. He's also asked state governors...more

U.S. Equal Employment Opportunity Commission...

International Paper Co. to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Paper Company Applicant Denied Job Because of ADHD Medication, Federal Agency Charged - DALLAS – Memphis-based International Paper Co. will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Parker Poe Adams & Bernstein LLP

Federal Court Decision Holds Delta-8 Not Considered Marijuana Under Federal Law

Last week’s EmployNews included an article summarizing a federal district court decision in Louisiana that distinguished an employee’s use of CBD oil from the use of marijuana under federal law. This decision raises questions...more

Parker Poe Adams & Bernstein LLP

Must Employers Ignore Positive Drug Tests Caused By CBD Use?

In recent years, we have advised employers whose employees tested positive for marijuana, but the employee claimed that the positive test resulted from their use of legal CBD oil or related products. Some employers have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana

A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment...more

Jackson Lewis P.C.

U.S. Department Of Justice Issues Guidance Concerning Legal Protections For Individuals Recovering From Opioid Use Disorder

Jackson Lewis P.C. on

The U.S. Department of Justice (DOJ) published guidance on April 5, 2022 explaining how The Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those...more

Seyfarth Shaw LLP

Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

Seyfarth Shaw LLP on

On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Haynsworth Sinkler Boyd, P.A.

3 Questions Employers Need To Consider When It Comes To Marijuana In The Workplace

Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more

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