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Employment Policies Marijuana

Legalized Recreational Marijuana in Alberta - Is Your Workplace Prepared?

by Field Law on

On April 13, 2017, the federal government tabled two new cannabis-related bills before Parliament, Bill C-45: An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts...more

Medical Marijuana 105: Marijuana in the Workplace

by Farrell Fritz, P.C. on

As you may recall from our first post in this series, medical marijuana in New York was legalized through the passage of the New York Compassionate Care Act (“CCA”) in 2014. The CCA also created new anti-discrimination...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

by Shipman & Goodwin LLP on

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

by Shipman & Goodwin LLP on

Ever since Connecticut allowed employees to obtain and use medical marijuana, employers have wondered whether, under certain circumstances, federal law would preempt the state law. A recent federal district court case has now...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

by Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

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

by Jackson Lewis P.C. on

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

What Were They Smoking? Massachusetts Supreme Court Becomes First State Court to Find Employers Must Accommodate Use of Medical...

by Miles & Stockbridge P.C. on

As the number of states legalizing the use of marijuana for medical purposes has steadily grown, employers have been anxiously asking whether they are required to accommodate the use of medical marijuana if the use is related...more

Massachusetts Medical Marijuana Users Can Sue For Failure to Accommodate a Disability

by Clark Hill PLC on

In Barbuto v. Advantage Sales and Marketing (ASM), the Massachusetts Supreme Judicial Court recently ruled that employees can sue employers for failure to accommodate a disability if they are terminated or otherwise...more

“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

Thinking Out Loud About Medical Marijuana And Reasonable Accommodation

(When I think out loud, beware.)- Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate...more

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

by K&L Gates LLP on

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

Refusal To Hire Medical Pot Users Just Got Riskier–At Least In Rhode Island

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users....more

Massachusetts Supreme Court Finds Medical Marijuana Users Protected from Adverse Employment Action

Beginning when the first states legalized use of marijuana for medical or recreational purposes, employers began speculating whether legislatures and courts in those states would continue to permit employers to exclude...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

by Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Massachusetts Employers May Have To Accommodate Use Of Medical Marijuana, Court Says

The Massachusetts Supreme Judicial Court ruled this week that an employee’s use of medical marijuana to treat her disability may have to be reasonably accommodated under the state’s handicap discrimination law. In Barbuto...more

Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate...

by BakerHostetler on

On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to...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

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

by Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...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

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