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Employer Liability Issues Drug Testing Today's Popular Updates

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

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While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 12, December 2022

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

Rivkin Radler LLP

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

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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

Seyfarth Shaw LLP

Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

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Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more

Locke Lord LLP

Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization

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As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

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Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Stinson LLP

Illinois' New Recreational Marijuana Law Creates New Hurdles for Employers with Zero Tolerance Policies

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With the passage of the Cannabis Regulation and Tax Act in June, Illinois became the 11th state in the country to legalize the recreational use of marijuana....more

McDermott Will & Emery

Courts Are Siding with Employees Who Use Medical Marijuana

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Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Jackson Lewis P.C.

Medical Marijuana Users May Not Be Discriminated Against In New Jersey

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A New Jersey appellate court has held that a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana....more

Maynard Nexsen

Employee Who Fails Drug Test Can Sue Drug Testing Laboratory For Negligence

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Can a drug testing lab be sued for negligence in South Carolina if it mishandles an employee’s drug test? Yes, according to a recent decision issued by the South Carolina Supreme Court with potential ramifications for drug...more

Littler

Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws

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Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more

Constangy, Brooks, Smith & Prophete, LLP

CALIFORNIA SNAPSHOT: Is "Medical Marijuana Accommodation" On The Way?

Let's be blunt. The legalization of medical and recreational marijuana use in California has placed employers in a tough situation as they grapple with crafting and enforcing workplace drug policies that comply with an area...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

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Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

Jackson Lewis P.C.

Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination

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A federal court in Connecticut has held that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state’s medical marijuana law. The Court granted summary judgment to the...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Constangy, Brooks, Smith & Prophete, LLP

It ain't cool to be an April Fool.

The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If...more

Tucker Arensberg, P.C.

Recent Decisions Suggest that Employers Cannot Terminate or Refuse to Hire Medical Marijuana Cardholders for Failing a Drug Test

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Two recent decisions from Rhode Island and Massachusetts suggest that employers cannot terminate or refuse to hire medical marijuana cardholders for failing a company drug test. Although these decisions are not binding in...more

Jackson Lewis P.C.

Maine Department Of Labor Provides No Guidance Concerning The Impact Of The State’s Recreational Marijuana Law On Workplace Drug...

Jackson Lewis P.C. on

Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged, the law prohibits employers from taking adverse employment actions for off-premises...more

Jackson Lewis P.C.

Pending California Legislation Alert! Recently Introduced Bill Seeks To Protect Medicinal Marijuana Users From Employment...

Jackson Lewis P.C. on

Although both medicinal and now recreational consumption of marijuana have been legalized in California, this legalization did not impact an employer’s right to discipline or even terminate employees for marijuana use. That...more

Jackson Lewis P.C.

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

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Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Bradley Arant Boult Cummings LLP

“But My Doctor Said It Was Cool”: Florida’s New Medical Marijuana Bill and Employment Considerations

Last month, Florida Gov. Rick Scott signed into law a medical marijuana use bill. This was the result of the overwhelming vote (71 percent) in favor of amending the Florida Constitution to allow medical marijuana use as...more

K&L Gates LLP

Massachusetts’s Highest Court Rules that Employee Fired for Medical Marijuana Use Can Hold Employer Liable for Discrimination

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In a groundbreaking decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled recently week that employees in Massachusetts who have a legal prescription for medical marijuana can sue their employers for disability...more

Mintz - Employment Viewpoints

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

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