News & Analysis as of

Medical Marijuana Drug Testing Unemployment Benefits

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +
Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers.  less -
Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q2 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

Jackson Lewis P.C.

Pennsylvania Court Affirms Unemployment Benefits For Medical Marijuana User

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A Pennsylvania Appeals Court affirmed an order granting unemployment benefits to a medical marijuana user who was terminated by his employer for a positive drug test. The Pittsburgh Water and Sewer Auth. v. Unemployment Comp....more

Seyfarth Shaw LLP

Pennsylvania CBD User Entitled to Unemployment Benefits

Seyfarth Shaw LLP on

On May 11, 2020, a Pennsylvania court upheld the state Unemployment Compensation Board of Review’s order granting a CBD (cannabidiol) user unemployment benefits after being terminated for testing positive for marijuana...more

FordHarrison

[Webinar] New Jersey Up in Smoke...Medical Marijuana, Drug Testing, and the Workplace - June 4th, 2:00pm ET

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Statutory changes, medical marijuana, opioids and more are generating much “hand wringing” among officials and managers and human resources professionals. Join FordHarrison New Jersey based attorneys Keya Denner and Mark...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says States Should Have Broad Ability to Drug Test Unemployment Recipients

Last year, President Trump revoked Obama-era regulations that limited the ability of states to mandate drug testing as a condition of receiving unemployment insurance benefits. Those regulations from 2012 and 2016 basically...more

Benesch

@Work: Your HR and Employment Law Update - June 2016

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With the Ohio Senate’s passage of House Bill 523 on May 25, 2016, Ohio is poised to become the nation’s 25th state to legalize medicinal marijuana. Although the proposed state law provides direction for employers, a new OSHA...more

Littler

Michigan Court of Appeals Rules Medical Marijuana Users Discharged for Positive Drug Tests May Still Be Eligible for Unemployment...

Littler on

In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from...more

Foley & Lardner LLP

Discharge for Medical Pot Use Does Not Prevent Receipt of Unemployment Benefits

Foley & Lardner LLP on

The prevalence of medical marijuana cards in the worker population in the auto industry has increased significantly since Michigan first passed the Michigan Medical Marihuana Act (MMMA) in 2008. While a medical marijuana card...more

Proskauer - Law and the Workplace

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....more

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