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Reasonable Accommodation Hiring & Firing Medical Marijuana

Fisher Phillips

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

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A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

Epstein Becker & Green

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Fisher Phillips

5 Things Kentucky Employers Need to Know About the State’s New Medical Cannabis Law

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Kentucky just became the 38th state to legalize medicinal cannabis when Governor Andy Beshear signed SB 47 into law on March 31. This comes after many years of failed legislation and just a few months after the governor...more

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

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Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Seyfarth Shaw LLP

Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

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On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

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In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

McGuireWoods LLP

New Laws and the 2021 Cannabis Effect on Employers

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In the first four months of 2021, numerous states, including Virginia, New Mexico, New York and New Jersey passed laws dismantling restrictions on recreational and medical cannabis. Employers in these states are raising...more

McGuireWoods LLP

Edible Bites Episode 5: Weed at Work: Employment Law Trends

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In episode five of McGuireWoods’ Edible Bites video series, topics of discussion center on employment law trends, how different state laws for medical and recreational cannabis impact employees, and how organizations should...more

Epstein Becker & Green

Employers Navigate New Marijuana Laws - Employment Law This Week®

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Voters in Arizona, Montana, New Jersey, and South Dakota approved adult recreational marijuana use. Mississippi and South Dakota also legalized medicinal marijuana. Employers should review workplace drug and testing policies...more

Constangy, Brooks, Smith & Prophete, LLP

A history of the decline and rise of the marijuana empire

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

Jackson Lewis P.C.

Navigating State-Authorized Medical, Recreational Marijuana In The Manufacturing Sector

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The state-sanctioned use of marijuana continues to progress, with 33 states authorizing it for medical purposes and 11 states extending those protections to recreational use. Despite this widespread adoption by the states,...more

Epstein Becker & Green

New York Employers: Engage in the Interactive Process Before Disciplining Medical Marijuana Users

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Failing a drug test may not kill the buzz for medical marijuana patients in the Empire State.  In contrast to courts in California and other jurisdictions, a New York state court has held that medical marijuana users are...more

Fox Rothschild LLP

NJ Supreme Court Recognizes Medical Marijuana Discrimination

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A funeral director who claims he was terminated because of his use of medical marijuana to manage cancer-related pain may pursue discrimination claims against his former employer, the New Jersey Supreme Court ruled in Wild v....more

Epstein Becker & Green

NJ Supreme Court Rules that the LAD Protects Registered Medical Cannabis Users

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On March 10, 2020 the New Jersey Supreme Court ruled that under the New Jersey Law Against Discrimination (“LAD”), employees who legally use cannabis as permitted by the state’s Compassionate Use of Cannabis of Medical...more

Jackson Lewis P.C.

New Jersey Employers Must Accommodate Authorized Use Of Medical Marijuana Outside Of Workplace

Jackson Lewis P.C. on

The New Jersey Compassionate Use Medical Marijuana Act (CUMMA) requires employers to accommodate an employee’s lawful use of medical marijuana outside of the workplace, the New Jersey Supreme Court has held. Wild v. Carriage...more

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

FordHarrison on

On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Jackson Lewis P.C.

Is “Cannabis User” The Next Protected Class In California?

Jackson Lewis P.C. on

Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity. In 2016, a majority of California...more

McNees Wallace & Nurick LLC

Medical Marijuana Musings (Two Years Later)

Two years ago, the first medical marijuana dispensary opened in Pennsylvania. Since that time, well over a hundred thousand Pennsylvania residents have become certified to use medical marijuana, additional conditions were...more

Seyfarth Shaw LLP

Pennsylvania Court Allows Medical Pot User To Proceed With Wrongful Termination Suit

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In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Seyfarth Shaw LLP

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

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In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

Seyfarth Shaw LLP

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

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On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more

Troutman Pepper

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper on

Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

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