News & Analysis as of

Marijuana Workplace Injury

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

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

Jackson Lewis P.C.

U.S. Workforce Positive Post-Accident Marijuana Drug Test Rates Reach Twenty-Five Year High

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A Quest Diagnostics analysis published on May 18, 2023 found that positive post-accident marijuana tests were at the highest level in 25 years in 2022. Positive post-accident tests increased to 7.3%, an increase of 9%...more

Seyfarth Shaw LLP

Pennsylvania Court Holds that It Is “High Time” Employers Reimburse Employees Who Use Medical Marijuana to Treat Work Related...

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On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more

McGlinchey Stafford

Employers Subject to Workplace Safety Laws Despite Marijuana’s Illegal Status

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Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to...more

Parker Poe Adams & Bernstein LLP

Does Reasonable Suspicion Marijuana Testing Make Sense for Employers?

As more states legalize the use of marijuana for medical or recreational purposes, employers in states such as North Carolina and South Carolina that have not relaxed their cannabis laws are asking under what circumstances...more

Cranfill Sumner LLP

Pour Decisions: The Intoxication Defense

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What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more

Cole Schotz

Cannabis Testing in the New Jersey Workplace Just Got a Little Less Hazy

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On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more

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

Nevada High Court Rules Recreational Marijuana Is Not ‘Lawful Off-Duty Conduct’

​​​​​​​In a decision issued on August 11, 2022, the Nevada Supreme Court declined to recognize recreational marijuana use as a “lawful” activity for purposes of the state’s law providing employment protections for “lawful...more

Proskauer - California Employment Law

Several State “Job Killer” Bills Move One Step Closer to Passage

As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation...more

Weber Gallagher Simpson Stapleton Fires &...

United States Supreme Court Seeks Opinion of the Government in Dispute Over Whether Workers’ Compensation Should Pay for an...

On Tuesday, February 22, 2022, the United States Supreme Court requested the Solicitor General submit an amicus brief on the issue of whether a workers’ compensation carrier paying for the cost of an injured workers’ medical...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q1 2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Verrill

Workers' Comp 2020: Tips and Trends to Manage Workplace Safety

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On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that...more

Genova Burns LLC

NJ Appellate Division Clears Haze About Workers’ Compensation Prescribed Medical Marijuana

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On January 13, 2020, the Appellate Division ruled that medical marijuana may provide a reasonable and necessary form of treatment in workers’ compensation cases. In Hager v. M&K Construction, the Appellate Division affirmed a...more

Cozen O'Connor

NJ Court of Appeals OKs Reimbursement of Employee Medical Marijuana Costs

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In a case of first impression, a New Jersey Appellate Division panel ruled on Monday, January 13, 2020, that an employee’s costs to use medical marijuana to treat his chronic pain caused by an on-the-job injury can legally be...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Manufacturing Storm Clouds (the Refrain)

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a...more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

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Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

McAfee & Taft

Injured employee testing positive for marijuana awarded workers’ compensation benefits

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With Oklahoma’s new medical marijuana laws, employers will be facing more workplace questions involving marijuana. A recent Oklahoma Court of Civil Appeals decision awarding workers’ compensation benefits to an injured...more

Chartwell Law

[Event] Medical Marijuana And Other Burning Issues In Pa Workers' Compensation - May 15th, Sewickley, PA

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The Chartwell Law workers’ compensation team is comprised of highly experienced attorneys representing the interests of employers and insurers in all areas of workers’ compensation matters. Join us as we present: Medical...more

Littler

Workplace Policy Institute Insider Report - January 2017

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Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Littler

2017 Labor & Employment Laws: New Year, New Government, New Challenges

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On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more

Littler

Workplace Policy Institute Insider Report - December 2016

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Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

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