News & Analysis as of

Preemption Drug Testing

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Venable LLP

Marijuana Users Scoring New Employment Protections

Venable LLP on

​​​​​​​A little more than a decade ago, marijuana use was illegal in every state. Marijuana use is now fully legal in 18 states and the District of Columbia, and an additional 18 states allow use for medical reasons. Going...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

Seyfarth Shaw LLP on

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Proskauer - Law and the Workplace

The Employment Law Landscape in 2020

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more

Littler

Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws

Littler on

Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

Littler

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

Littler on

The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

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

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

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

Parker Poe Adams & Bernstein LLP

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

FordHarrison

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

FordHarrison on

A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more

Littler

WPI State of the States: State Legislatures are Back in Business

Littler on

The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

Littler

WPI State of the States: A Busy December Signals a Wild 2018 for Employers

Littler on

Despite the holiday break in most statehouses and city halls, legislators were quite productive in December. More than 40 employment-related bills were introduced or advanced last month, across nearly 20 states and...more

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

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

Jackson Lewis P.C.

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Littler

July Is the New January: Beware of Employment Regulations About to Take Effect

Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Littler

WPI State of the States — Legislative Proposals Are Taking Root

Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Morgan Lewis

DEA Rejects Petitions Seeking to Reschedule Marijuana

Morgan Lewis on

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

Hinshaw & Culbertson LLP

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to...more

FordHarrison

Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

FordHarrison on

In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

Seyfarth Shaw LLP on

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

Littler

Medical Marijuana Dispensaries Are Now Operating in Arizona

Littler on

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide