In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more
2/25/2019
/ Conditional Job Offers ,
Corporate Counsel ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Medical Marijuana ,
Screening Procedures ,
State and Local Government ,
State Labor Laws
As has become common in recent years (and despite marijuana’s continued illegality under federal law), citizens in several states voted on marijuana-related measures this election cycle. ...more
On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...more
10/22/2018
/ Anti-Retaliation Provisions ,
Drug Testing ,
Electronic Reporting ,
Employee Incentive Plans ,
Health & Safety Standard ,
New Guidance ,
OSHA ,
Policy Memorandums ,
Regulatory Oversight ,
Regulatory Standards ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more
1/30/2018
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Popular ,
State and Local Government
Dear Littler: We recently offered a position to a candidate at one of our retail locations. He had a reasonable amount of head hair at the time we offered the job. After learning that we require hair testing both for new...more
On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more
7/20/2017
/ Controlled Substances ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Zero Tolerance Policies
Election Day 2016 proved to be a historic occasion for initiatives favoring expanded access to marijuana. On November 8, California and Nevada joined West Coast early adopters Alaska, Oregon, and Washington in choosing to...more
On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more
10/17/2016
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Employer Liability Issues ,
FMSCA ,
Medical Examinations ,
Sleep Apnea ,
Trucking Accident ,
Trucking Industry
Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more
5/16/2016
/ Alcohol Testing ,
Data Collection ,
Drug Testing ,
Electronic Filing ,
Employer Liability Issues ,
Employer Mandates ,
Final Rules ,
OSHA ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of...more
On October 6, 2015, the District of Columbia Council introduced legislation that would establish a universal paid leave system for all DC residents and workers who are employed in DC but live elsewhere. The Universal Paid...more
The District of Columbia’s new Wage Theft Prevention Amendment Act of 2014 (the Act), which became effective on February 26, 2015, requires employers to provide written notice to each employee based in D.C. containing...more
In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from...more
The District of Columbia is set to implement the Wage Theft Prevention Amendment Act of 2014 (the "Act"), a measure broad in scope that amends several existing D.C. laws. ...more
Revisions to the District of Columbia's Accrued Sick and Safe Leave Act ("the Act") adopted last February have become fully effective following the District's adoption of a 2015 budget. The District of Columbia Department of...more
9/26/2014
On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more
The District of Columbia is poised to implement sweeping new amendments to the Accrued Sick and Safe Leave Act of 2008. The amendment, entitled the Earned Sick and Safe Leave Amendment Act of 2013 (the "Act"), has been...more
On November 27, 2012, in Scott v. Merck & Company, Inc., the U.S. Court of Appeals for the Fourth Circuit reversed a jury verdict of more than $500,000 in favor of Jennifer Scott, a former Merck & Co., Inc. employee. The...more
A workplace policy requiring all employees who self-identify as in need of substance abuse treatment to submit to random alcohol testing following their return to work constitutes disability discrimination on its face,...more
11/20/2012