High Crimes and Misdemeanors: Unruly Passengers on Flights
Employment Law This Week®: Cannabis User Protections, WHD Opinion Letters, New Salary History Bans, NYS Anti-Harassment Training Deadline
12 O’Clock High-Episode 99, The Case of Roberto Osuna
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
Marijuana in the Workplace
As a result of a legal challenge by the Oregon Cannabis Industry Alliance and cannabis cultivators in Oregon, the Oregon Health Authority’s (OHA) aspergillus fungus testing rule for marijuana, marijuana products, and...more
As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in thirty-eight states. Some 35–55 million Americans report using marijuana two or more times per month....more
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
Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more
On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of...more
Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more
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
Delaware is reminding its employers that a safe, drug-free workplace can pay. On February 1, the state’s Department of Insurance (the “Department”) amended its regulations to emphasize the availability of workers’...more
Employers are undoubtedly aware of the ever-changing landscape of marijuana laws across the country. Complicating matters for larger employers is that these evolving statutes are creatures of state law with little uniformity...more
Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. ...more
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
Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more
In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they...more
Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more
Medical marijuana has finally arrived. Over 53,000 Ohio residents have applied for and received medical marijuana cards. Ohio’s first dispensaries have opened and begun selling marijuana recommended by physicians for the...more
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into August 2019. The episode includes: 1. Increased Employee Protections for Cannabis Users Employment...more
Early this month, New Jersey enacted new workplace protections for authorized medical cannabis users - Under the new regulations, employers are prohibited from taking an adverse employment action against an existing or...more
Executive Summary: On July 2, 2019, New Jersey Governor Phil Murphy signed a much-anticipated bill into effect that expands and revises the state’s existing medical cannabis program, the Compassionate Use of Medical Marijuana...more
Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more
An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair employees? If an employee or applicant tests positive on a drug test and...more
Over the past year, we have had a number of employers ask about removing marijuana from the panel of illegal substances screened for applicants and/or employees. Some of these companies cite the low unemployment rate, stating...more
The inability to measure and mitigate impairment from medical cannabis means employers can avoid accommodation requests from employees, according to the Newfoundland and Labrador Supreme Court in IBEW, Local 1620 v Lower...more
The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more
Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more
Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more