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Employment Policies Marijuana Drug Testing

Littler

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

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Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Fisher Phillips

Ohio Employers Should Follow These 6 Steps Now That Recreational Cannabis Sales Have Begun

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Ohio employers need to prepare now that legalized recreational cannabis sales have kicked off – and your workers will be able to legally purchase the drug throughout the state. Beginning August 6, Ohioans 21 years of age or...more

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

Dickinson Wright

What Ohio Employers Need to Know As Legal Marijuana Sales Begin

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Ohio employers will soon see their employees be able to purchase recreational marijuana when dispensaries open in the coming weeks. Ohio’s recreational marijuana program stems from a 2023 citizen-driven campaign to create a...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

Ius Laboris

Labor law and cannabis legalization

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Cannabis in the workplace: allowed or banned? Although possession of cannabis is now legal (up to certain limits), this does not mean that employees can work under the influence of cannabis....more

Fisher Phillips

Florida Voters Could Legalize Recreational Cannabis This Fall: Here’s What Employers Need to Know

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Businesses in the Sunshine State should start thinking about how a ballot initiative to legalize recreational cannabis could impact their workplace policies and practices. The Florida Supreme Court recently approved the...more

Mitratech Holdings, Inc

Clearing the Haze: Exploring the Movement Away from Marijuana Testing

Discussions about marijuana testing in the workplace have taken over HR circles. There has been a shift from testing, sparking debate and raising questions. What does the future look like for marijuana testing – and is there...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

Littler

Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance...

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In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more

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

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Bricker Graydon LLP

[Event] Marijuana in the Workplace - March 20th, West Chester Township, OH

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How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more

Weintraub Tobin

(Podcast) California Employment News: Expanded Workplace Protections Regarding Cannabis Use

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New laws in 2024 expand workplace protections for employees regarding their current and past cannabis use. Nikki Mahmoudi and Tomiwa Aina review these changes, previewed in our 2024 Employment Law Update seminars, in this...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

Fisher Phillips

New Year, New Employment Protections for Cannabis Consumption in California: A 3-Step Guide for Employers

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California employers should take steps now to ensure their policies and practices align with new employment protections for cannabis consumption. Specifically, employers in the state are now barred from discriminating against...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

McGlinchey Stafford

10 Employee Handbook Resolutions for 2024

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The start of a new year is always a good time to reevaluate the employee handbook to ensure it covers all the relevant legal and practical topics in the modern workplace. The following are 10 “Handbook Resolutions” for...more

CDF Labor Law LLP

[Webinar] Up in Smoke: A Blunt Discussion of Applicant and Employee Drug Testing in California in 2024 - January 16th, 10:00 am -...

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As we enter 2024, CDF has designed a webinar that aims to equip California employers with essential knowledge regarding the new marijuana drug testing rules and how to update personnel testing, policies, and procedures to...more

DarrowEverett LLP

How 2024 Employment Law Updates Affect Your Wallet, Unions & More

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As could be expected in 2023, employers have had to adapt to an ever-changing landscape of employment laws, regulations, and in the case of the National Labor Relations Board (NLRB) a growing library of general counsel...more

Kohrman Jackson & Krantz LLP

Recreational Marijuana Use Becomes Legal in Ohio: Here is What Employers Need to Know

On November 7, 2023, Ohio voters passed An Act to Control and Regulate Adult Use of Cannabis (the Act), making Ohio the 24th state to legalize recreational adult use of marijuana. While Ohio and its Department of Commerce is...more

Bricker Graydon LLP

Get Blitzed and Get Busted: Marijuana Use at Company Holiday Parties

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The holiday season is officially here! Companies across the state will be kickstarting festivities by gathering together for a fun night out. Drinks will be flowing and laughter will be filling the air, but now marijuana may...more

Winthrop & Weinstine, P.A.

2023 Employment Law Changes — And Steps To Take Before 2024

The 2023 legislative session saw a substantial number of changes to employment laws in Minnesota. As you and your business enter 2024, the team at Winthrop & Weinstine has prepared a summary of the changes that may impact...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your December To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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