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Off-Duty Employees Marijuana Hiring & Firing

Jackson Lewis P.C.

Impact of Ohio Legal Recreational Marijuana on Employers: All Smoke and No Fire?

Jackson Lewis P.C. on

In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

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

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

Coblentz Patch Duffy & Bass

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring...more

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Farella Braun + Martel LLP

California’s AB2188 Now Prohibits Employee Discipline for Off-Duty Marijuana Use

A new law in California will significantly change the way employers can address employees’ marijuana use. While prior law made clear that employers could terminate employees for off-duty marijuana use, a new bill prevents...more

Jackson Lewis P.C.

Nevada Court Rejects Claim That Off-Duty Marijuana Use Is “Lawful” Because It Still Is Illegal Under Federal Law

Jackson Lewis P.C. on

The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of...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

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

Cole Schotz

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Ballard Spahr LLP

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

Ballard Spahr LLP on

Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Troutman Pepper

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

Troutman Pepper on

Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more

Stinson LLP

Illinois Legalizes Recreational Marijuana Use for Adults 21 and Over

Stinson LLP on

Last week, the Illinois State Legislature succeeded in its bipartisan effort to legalize the recreational use of marijuana for adults 21 and over, with sales expected to begin next year. Illinois is the second state to...more

Adler Pollock & Sheehan P.C.

Marijuana in the Workplace

Many of our employer clients have contacted us with questions about new laws and court decisions on medical and recreational marijuana, and what it all means for business managers charged with hiring, managing, and...more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

Parker Poe Adams & Bernstein LLP

Maine Prohibits Employers From Discrimination Based on Off-Duty Marijuana Use

In 2016, Maine voters approved a referendum that legalizes use of recreational marijuana in the state. Among other things, the referendum prohibits employers from discrimination against employees based on off-duty marijuana...more

Kelley Drye & Warren LLP

A “Smoky” Legal Issue for 2018 – Medical/Recreational Marijuana In the “Workplace”

Kelley Drye & Warren LLP on

Marijuana remains illegal under federal law. However, there are many states, and a few cities, which have legalized medical and recreational marijuana – creating challenges for employers, as these laws “sprout up” (pun...more

Ballard Spahr LLP

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

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

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

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Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Fisher Phillips

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

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In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

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