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Employee Rights Medical Marijuana

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Clark Hill PLC

The Learned Concierge - August 2024, Vol. 11

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Epstein Becker & Green

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

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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

Seyfarth Shaw LLP

The Week in Weed: October 2023 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see there’s a controversy over cannabis use and gun ownership by police officers in Jersey City, New...more

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

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DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

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

Maryland and Missouri Pass Recreational Marijuana, Missouri Adds Medical Marijuana Cardholder Employment Protections

On November 8, 2022, voters in Maryland and Missouri overwhelmingly approved ballot measures to legalize recreational marijuana, becoming the 20th and 21st states to do so. And, as part of the ballot initiative in Missouri,...more

Littler

Recreational Marijuana in Missouri Is Coming Soon – What Employers Need to Know

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On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of states that have...more

Littler

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

Parker Poe Adams & Bernstein LLP

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

​​​​​​​Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

Littler

Nevada Supreme Court Affirms Termination for Off-Duty Recreational Marijuana Use

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Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more

ArentFox Schiff

DC City Council Enacts Major New Workplace Protections for Marijuana Users

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Medical marijuana has been legal, in the District of Columbia, since 2010. And since 2015, the City has permitted adults to use marijuana recreationally. Earlier this month, the City Council went further by unanimously...more

Pullman & Comley - Labor, Employment and...

Keep Off the Grass: A Reminder That Employers Must Address the Implications of Connecticut’s Legalization of Recreational Cannabis...

Beginning July 1, 2022, Connecticut’s law legalizing the recreational use of cannabis for adults 21 and over imposes new restrictions on employers while offering protections for employees who indulge. While that might sound...more

Proskauer - Law and the Workplace

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing

On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”). If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain...more

Manatt, Phelps & Phillips, LLP

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

Proskauer - Law and the Workplace

New York Department of Labor Issues Guidance on Cannabis and the Workplace

The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year...more

FordHarrison

Cannabis Legalization and its Impact on the Transportation Industry

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Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...more

Saul Ewing LLP

Affirmed: Pennsylvania's Appellate Court Says "Yes" to Private Right of Action Under Medical Marijuana Act

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In a matter of first impression, Pennsylvania’s Appellate Court issued a decision affirming a private right of action under Pennsylvania’s Medical Marijuana Act (“MMA”) and permitting a claim to proceed for wrongful discharge...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

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In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Littler

Got the Green Light: New Puerto Rico Law Expands Employment Protections for Registered and Licensed Medical Cannabis Patients

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On July 29, 2021, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 15-2021 (Act 15). Act 15 amends Act No. 42 of July 9, 2017, also known as the Act to Manage the Study, Development and Research of Cannabis for...more

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

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization...more

Akerman LLP - HR Defense

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more

Williams Mullen

Virginia Legalizes Marijuana and Bolsters Employee Protections: What Employers Need to Know

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Ready or not, Virginia – on July 1, 2021, marijuana becomes fully legal for adults to use and possess in-state. Virginia is now the 16th state to legalize cannabis for recreational purposes....more

Kramer Levin Naftalis & Frankel LLP

New York State Addresses a Chronic Issue: Employees Granted Protections for Off-Duty Cannabis Use

On March 31, 2021, Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA), legalizing the recreational use of cannabis in New York State for individuals age 21 or older. ...more

McGuireWoods LLP

Edible Bites Episode 5: Weed at Work: Employment Law Trends

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In episode five of McGuireWoods’ Edible Bites video series, topics of discussion center on employment law trends, how different state laws for medical and recreational cannabis impact employees, and how organizations should...more

Saiber LLC

Legalization of Cannabis in New Jersey Means Employers Should Revise Their Workplace Policies

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On February 22, 2021, Governor Philip Murphy signed into law a trio of bills that collectively legalize adult use of recreational cannabis in the State of New Jersey.  The legalization of cannabis, more commonly referred to...more

McNees Wallace & Nurick LLC

Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?

The answer to this question is . . . it depends.  Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more

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