On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued guidance in the form of Frequently Asked Questions (“FAQs” or the “Guidance”) to assist employers in navigating the Marijuana Regulation and...more
Federal and state cannabis regulation and enforcement appear to be moving in different directions. While the Food and Drug Administration ("FDA") has broadened its net to target businesses making claims that their products...more
6/3/2021
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Drug Testing ,
FDA Warning Letters ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Recreational Use ,
Retailers
On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regularly,...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
5/14/2020
/ Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
NYCHRL ,
Protected Class ,
Reasonable Accommodation ,
Zero Tolerance Policies
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
2/28/2020
/ Anti-Discrimination Policies ,
Credit ,
Decriminalization of Marijuana ,
Drug Testing ,
Employment Policies ,
Marijuana ,
Medical Marijuana ,
New Regulations ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety ,
Zero Tolerance Policies
As summer winds down, the challenges impacting health care employers in 2019 continue to heat up. These challenges include ongoing developments regarding marijuana legalization, employee resistance to vaccination mandates,...more
8/30/2019
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Workers ,
Individual Mandate ,
Marijuana ,
OSHA ,
Tax Cuts and Jobs Act ,
Workplace Safety ,
Workplace Violence
On July 2, 2019, New Jersey joined Illinois, Nevada, New Mexico, New York City, and Oklahoma in enacting employment protections for authorized users of medical cannabis. New Jersey’s new medical cannabis law (“Law”), which...more
7/11/2019
/ Adverse Employment Action ,
Amended Legislation ,
Anti-Discrimination Policies ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Murphy ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
In a decision that could have sweeping effects on New Jersey employers with drug-free workplace and drug-testing policies, the New Jersey Appellate Division in Wild v. Carriage Funeral Holdings ruled that the New Jersey Law...more