News & Analysis as of

Employer Liability Issues Drug Testing

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Medical Marijuana in the Workplace: An Employees Balm; an Employers Bane

by Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Will Employers Be Forced To Accommodate Employees Who Test Positive For Marijuana?

by Jackson Lewis P.C. on

On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless...more

MA Employers Beware: Employees Have a Right to Use Medical Marijuana

by Burns & Levinson LLP on

In a recent decision, the Massachusetts Supreme Judicial Court has made it clear that employers cannot take action against employees who lawfully uses medical marijuana, as doing so is tantamount to denying a request for a...more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Cannabis at work: An update for employers

by Thompson Coburn LLP on

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

by Fisher Phillips on

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

Medical Marijuana: When A Positive Drug Test may Not Be Grounds To Fire An Employee

by Fox Rothschild LLP on

In a portentous opinion, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer. Because many states’...more

Massachusetts High Court Allows Disability Discrimination Claims Of Medical Marijuana User To Proceed

by Fox Rothschild LLP on

In a decision awaited by many in the industry, the Massachusetts Supreme Judicial Court ruled that a licensed medical marijuana user who was fired after testing positive for marijuana can proceed with claims under the state’s...more

What Is a Regulated Drug Test?

In 1987, the Connecticut legislature passed Public Act 87-551, entitled An Act Concerning Drug Testing in the Workplace, which imposed restrictions on employer-required drug testing (now found at Sections 31-51t et seq of the...more

In The Weeds: Florida Lawmakers Provide Medical Marijuana Guidance For The Workplace

by Fisher Phillips on

Florida Governor Rick Scott signed a medical marijuana bill into law on Friday that provides guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. The good news for employers:...more

Avoiding State Law Pitfalls (Part 4 of 4)

by Bryan Cave on

This is the fourth hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #4 - A manager of a Minneapolis, Minnesota restaurant calls you regarding an employee who...more

Positive No More: Rhode Island Employers Need to Think Twice Before Denying Employment Based on a Positive Drug Test

In a recently issued trial court decision, Callaghan v. Darlington Fabrics Corp., a Rhode Island Superior Court justice held that an employer could not deny employment to an applicant licensed under state law to possess and...more

Dispensaries Can Maintain a Drug-Free Workplace

Employers in the medical marijuana industry have a right, like all California employers, to maintain a drug-free workplace. For example, Prop 64, which made it legal for individuals to use and grow marijuana for personal use,...more

West Virginia’s New Drug & Alcohol Law: What You Need to Know for Your Testing Programs

West Virginia employers that may have hesitated in the past to implement and enforce robust drug and alcohol testing policies may now do so without fear of running afoul of prior state court decisions limiting employers’...more

Employer’s Refusal To Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

by Jackson Lewis P.C. on

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under...more

Quest Diagnostics Annual Survey Shows Drug Test Positivity Rates Continue To Climb

by Jackson Lewis P.C. on

According to the annual Quest Diagnostics Drug Testing Index published yesterday, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12 years. This...more

West Virginia Enacts Law Permitting Broad Employment-Related Drug And Alcohol Testing

by Jackson Lewis P.C. on

Workplace drug and alcohol testing in West Virginia traditionally has been scrutinized by the courts and has been available to employers in limited circumstances. That will change dramatically this summer when the state’s...more

Applicant’s Claim That Racially Biased Safety Officer Cancelled His Split Specimen Drug Test Was Insufficient To Establish Race...

by Jackson Lewis P.C. on

An employer that refused to hire an applicant based on a positive pre-employment drug test was entitled to summary judgment on the applicant’s race discrimination and civil conspiracy claims despite the applicant’s argument...more

West Virginia Employers Soon to Enjoy Greater Flexibility in Drug Testing Employees, Despite Enactment of Nation’s 29th Medical...

by Littler on

The West Virginia Legislature recently passed two bills – the West Virginia Medical Cannabis Act and the West Virginia Safer Workplace Act – that dramatically change the landscape of West Virginia’s laws on medical marijuana...more

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

by Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Random Drug Tests (Still) Not Advisable In Most California Workplaces

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances. California public policy, stated in our Constitution, strongly favors the right...more

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