News & Analysis as of

Off-Duty Employees Marijuana New Legislation

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

Off-Duty Conduct Protections for Employees’ 4/20 Celebrations: A Look at the High Points of a Few States’ Marijuana Laws

With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations....more

Holland & Knight LLP

A Look at New California Labor and Employment Laws for 2024

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The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more

Perkins Coie

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

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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

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

California’s New Employment Laws for 2024: A Roundup of New Laws

Governor Newsom recently signed into law numerous bills that will affect California employers come January 1, 2024. Here is a quick overview of some of the new law that are relevant for employers....more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

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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

Venable LLP

New California Employment Laws For 2024

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Now that California's 2023 legislative session has closed and the governor's October 14 deadline to sign or veto new legislation has passed, California employers should take note of a handful of new California laws that will...more

Littler

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

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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

Venable LLP

Up in Smoke: AB 2188 Outlaws Discrimination in Employment in California Based on Employees’ Off-Duty Cannabis Use (But It Doesn’t...

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​​​​​​​On September 18, 2022, Governor Gavin Newsom signed into law Assembly Bill 2188, aimed at preventing employers from penalizing workers for using marijuana during their off-work hours if such use does not impair them at...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

FordHarrison

New California Employment Laws for 2023

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Executive Summary: California has passed a number of employment laws this year, including a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees’ leave care rights;...more

Littler

California to Protect Off-Work Use of Marijuana, Set Testing Parameters for Measuring Workplace Impairment

Littler on

Last month, the California Legislature voted to join what it refers to as “the movement to legalize and regulate the non-medical use of cannabis” across the United States, including offering employment protection for such...more

Stoel Rives - World of Employment

AB 2188 Leaves California Employers' Policies on Marijuana Use up in Smoke

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use....more

Parker Poe Adams & Bernstein LLP

New California Law Will Prohibit Employment Discrimination Based on Off-duty Marijuana Use

​​​​​​​Some of the first states that legalized the use of medical or recreational marijuana did so with warnings to users that state law provided no protections from drug testing or loss of employment due to the presence of...more

Fox Rothschild LLP

California “Rolls Out” More Protections For Weed At Work

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As widely expected, Governor Newsom signed AB 2188 into law extending FEHA protection to employees who use cannabis while off duty and off-premise. This higher protection for employees who use cannabis will be effective on...more

Proskauer - Law and the Workplace

New York Department of Labor Issues Guidance on Cannabis and the Workplace

The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year...more

Akerman LLP - HR Defense

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more

Kramer Levin Naftalis & Frankel LLP

New York State Addresses a Chronic Issue: Employees Granted Protections for Off-Duty Cannabis Use

On March 31, 2021, Gov. Andrew Cuomo signed the Marihuana Regulation and Taxation Act (MRTA), legalizing the recreational use of cannabis in New York State for individuals age 21 or older. ...more

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

Legalized Cannabis in Illinois: What Employers Need to Know

On May 29, 2019, the Illinois Senate passed Illinois House Bill (HB) 1438, which will legalize recreational marijuana in the state. This bill, known as the “Cannabis Regulation and Tax Act,” is expected to be signed into law...more

Stinson LLP

Illinois Legalizes Recreational Marijuana Use for Adults 21 and Over

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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

Pierce Atwood LLP

Maine Recreational Marijuana Statute Answers Some Questions For Employers But Raises Others

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After more than a year of political wrangling, on May 2, 2018, the Maine Legislature overrode a second veto by Governor LePage and enacted the Marijuana Legalization Act. ...more

Seyfarth Shaw LLP

Budding Development: States Requiring Employers To Tolerate Medical Cannabis Use

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Seyfarth Synopsis: Can employers deny employment to people who use cannabis under a medical prescription authorized by state law? In more and more states, the answer is now “No.”...more

Seyfarth Shaw LLP

Maine Employees Now Protected From Repercussions Of Off-Duty Marijuana Use

Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more

Littler

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

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On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

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

The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No

It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new...more

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