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Hiring & Firing › Drug-Free Workplace Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Roetzel & Andress

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Roetzel & Andress on

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

Fisher Phillips

What Federal Contractors Need to Know About California Workers’ New Cannabis Protections

Fisher Phillips on

New legislation in California gives off-duty cannabis users the right to fight discrimination in the workplace and prohibits California employers from firing workers or refusing to hire applicants solely due to a positive...more

Fox Rothschild LLP

School Districts Must Be Cautious With Employees And Job Applicants Who Use Medical Marijuana

Fox Rothschild LLP on

A Pennsylvania appellate court's decision last month established that workers now have a private right to sue employers for alleged discrimination under Pennsylvania’s Medical Marijuana Law. For school entities, the...more

Fox Rothschild LLP

What Employers Need To Know As Connecticut Legalizes Recreational Marijuana

Fox Rothschild LLP on

Connecticut Governor Andrew Ned Lamont signed into law on June 22, 2021 An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (the Act), which essentially legalized the recreational use of marijuana in...more

Jackson Lewis P.C.

Alabama Enacts Medical Marijuana Law

Jackson Lewis P.C. on

Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more

Fox Rothschild LLP

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

Fox Rothschild LLP on

For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

Jackson Lewis P.C.

Navigating State-Authorized Medical, Recreational Marijuana In The Manufacturing Sector

Jackson Lewis P.C. on

The state-sanctioned use of marijuana continues to progress, with 33 states authorizing it for medical purposes and 11 states extending those protections to recreational use. Despite this widespread adoption by the states,...more

McManis Faulkner

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

McManis Faulkner on

Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana In California (part one)

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

Farella Braun + Martel LLP

In the Weeds: Marijuana Legalization & Employment Laws

Farella Braun + Martel LLP on

Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more

Proskauer - Law and the Workplace

New Jersey Expands Medical Marijuana Protections

Proskauer - Law and the Workplace on

On July 2, 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the “Act”), which amends the New Jersey Compassionate Use Medical Marijuana Act (“CUMMA”) to provide...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

Epstein Becker & Green

NYC Passes Bill to Ban Pre-Employment Marijuana Drug Testing

Epstein Becker & Green on

On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more

PilieroMazza PLLC

In the Weeds: Testing Federal Contractor Employees for Marijuana Use

PilieroMazza PLLC on

Consider the following scenario: Janie is employed as a help desk clerk to perform work on a federal government contract and is a model employee. She has a perfect attendance record, performs her job responsibilities with...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

Fisher Phillips on

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

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

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

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

A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Partridge Snow & Hahn LLP

Accommodating Medical Marijuana Users: A National Trend?

Partridge Snow & Hahn LLP on

Marijuana is a Schedule I drug under the federal Controlled Substances Act, and the use, sale and possession of marijuana remains illegal under federal law. In recent years, however, a majority of states (at last count, 29...more

Foley Hoag LLP

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

Foley Hoag LLP on

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim...more

Hinshaw & Culbertson LLP

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

Hinshaw & Culbertson LLP on

On Monday, July 17, 2017, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her...more

Hinshaw & Culbertson LLP

Rhode Island Superior Court Decision Holds that Employers Cannot Refuse to Hire Medical Marijuana Cardholders

Hinshaw & Culbertson LLP on

The Rhode Island Superior Court recently issued a decision in Callaghan v. Darlington Fabrics Corp. holding that defendant employer violated Rhode Island's Hawkins-Slater Medical Marijuana Act ("the Act") by refusing to hire...more

Davis Wright Tremaine LLP

California’s Proposition 64 Allows Employers to Continue Enforcing Drug-Free Workplace Policies

Davis Wright Tremaine LLP on

Employers with California operations may continue enforcing their drug-free workplace policies regardless of whether their employees use marijuana for medical or recreational purposes. When California voters passed the...more

Franczek P.C.

Court Reverses Board Decision Terminating Teacher for Blood Alcohol Test

Franczek P.C. on

An Illinois Appellate Court recently overturned the 2012 dismissal of a teacher who was terminated for being under the influence while at work. The opinion provides instructive guidance on how courts closely analyze a school...more

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