On September 9, 2022, the New Jersey Cannabis Regulatory Commission (Commission) released interim Guidance (Guidance) on the workplace drug testing provisions of the state’s recreational marijuana law, known as the New Jersey...more
On March 10, 2021, less than three weeks after New Jersey Governor Phil Murphy signed legislation legalizing recreational marijuana and establishing employee protections for off duty marijuana use, a State lawmaker has...more
In November, New Jersey voters said “yes” to the legalization of recreational marijuana. On February 22, 2021, Governor Phil Murphy signed legislation that legalized and decriminalized recreational marijuana and established...more
Summary -
Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more
The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more
8/17/2020
/ Americans with Disabilities Act (ADA) ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
New Guidance ,
Opioid ,
Pain Management ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
In New York City, a law was adopted by administrative action today that prohibits many employers, labor organizations, and employment agencies from conducting pre-employment drug testing for marijuana and THC, the active...more
In Cotto v. Ardagh Glass, Inc., plaintiff Daniel Cotto, Jr., a forklift operator, hit his head while working and was sent for a medical examination. Pursuant to Ardagh's policy, Mr. Cotto was required to take a drug test as a...more
8/16/2018
/ Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Federal v State Law Application ,
Labor Law Violations ,
Medical Marijuana ,
Prescription Drugs ,
State and Local Government ,
State Labor Laws
The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more
2/1/2018
/ Americans with Disabilities Act (ADA) ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employer Liability Issues ,
Opioid ,
Pain Management ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Safety ,
Risk Management ,
Substance Abuse ,
Transportation Industry ,
Trucking Industry
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
7/24/2017
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Disability ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Reasonable Accommodation