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
10/27/2023
/ Adverse Employment Action ,
California ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
Hiring & Firing ,
Labor Reform ,
Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
The U.S. Department of Transportation (DOT) has published regulations overhauling and expanding its regulated employee testing program to include oral fluids drug tests. The new regulations, which update 49 C.F.R. Part 40...more
Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more
1/5/2023
/ Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Failure to Accommodate ,
Marijuana ,
Medical Marijuana ,
Nevada ,
Off-Duty Employees ,
Private Right of Action ,
Reasonable Accommodation ,
State Labor Laws
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
10/4/2022
/ California ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
FEHA ,
Labor Reform ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Non-Discrimination Rules ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
The New Jersey Cannabis Regulatory Commission (“the Commission”) on September 9, 2022 issued long-awaited guidance for employers on how to respond when employees are suspected of marijuana impairment. This is the...more
Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more
9/1/2022
/ Adverse Employment Action ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
Nevada ,
Off-Duty Employees ,
Recreational Use ,
State Labor Laws
The District of Columbia Council has passed legislation mandating that employers provide paid leave to employees for time spent obtaining and, if needed, recovering from side effects of a COVID-19 vaccine. Employees will...more
On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the Commission) issued long-awaited initial rules implementing the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act...more
Connecticut Governor Ned Lamont recently signed Senate Bill 1201, making Connecticut the 19th state to legalize recreational marijuana for adults 21 years or older. The new law not only requires expungement of certain...more
On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021....more
After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing...more
On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more
12/22/2020
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
State and Local Government
On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance to employers considering COVID-19 vaccination programs for their employees as to their obligations under federal civil...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
After COVID-19 abates, employers may determine that they cannot return all employees to the workforce. Some employers may need to recall employees on a slower timeline depending on demand, social distancing imperatives, and...more
5/4/2020
/ Background Checks ,
Coronavirus/COVID-19 ,
Drug Testing ,
Employer Responsibilities ,
Form I-9 ,
Furloughs ,
Layoffs ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
WARN Act ,
Workplace Safety
On April 7, 2020, the D.C. Council unanimously passed its second emergency COVID-19 relief bill, the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (Emergency Act), addressing a variety of programs and...more
On March 23, 2020, the U.S. Department of Transportation issued Guidance on compliance with DOT drug/alcohol testing regulations for employers concerned about their ability to meet regulatory testing requirements during the...more
On March 18, 2020, the U.S. Department of Transportation’s Federal Motor Carrier and Safety Administration (FMCSA) issued an Expanded Emergency Declaration broadening federal exemptions from compliance with certain driver...more
On March 13, 2020, the Federal Motor Carrier and Safety Administration (FMCSA) of the United States Department of Transportation (DOT) announced and issued a national emergency declaration (Emergency Declaration) establishing...more
3/20/2020
/ Commercial Truck Drivers ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Emergency Management Plans ,
FMCSA ,
Mandatory Declarations ,
Medical Supplies ,
Motor Carriers ,
Operators of Essential Services ,
Safety Standards ,
Trucking Industry ,
Trucking Regulations
As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by...more
11/25/2019
/ Adverse Employment Action ,
Amended Legislation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana Cultivation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
In 2012, Congress passed and President Obama signed the “Moving Ahead for Progress in the 21st Century Act,” a transportation reauthorization bill referred to as “MAP-21.”...more
11/6/2019
/ Commercial Truck Drivers ,
Databases ,
Department of Transportation (DOT) ,
Drug & Alcohol Abuse ,
Drug Testing ,
FMSCA ,
MAP-21 ,
Motor Carriers ,
Safety Violations ,
Trucking Industry ,
Trucking Regulations
New Jersey has expanded its medical marijuana program and—for the first time since the state enacted the law—adopted formal protections for employees and job applicants who use what is now called “medical cannabis.” ...more
On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438). The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make...more
6/20/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws
On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more
4/11/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Conditional Job Offers ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Marijuana ,
State and Local Government
New Jersey’s legislature is scheduled to vote Monday, March 25, 2019 on a bill designed to legalize the recreational use of marijuana for adults over the age of 21, create a system by which marijuana and marijuana products...more
3/22/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Dispensaries ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Prior Conviction ,
Proposed Legislation ,
State and Local Government
On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create...more