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Americans with Disabilities Act (ADA) Drug Testing

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Employee's Claim That CBD Use Caused Positive Drug Test

We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Constangy, Brooks, Smith & Prophete, LLP

Drugs and alcohol in the workplace: Five fun facts

Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Jackson Lewis P.C.

U.S. Drug Enforcement Administration Recommends Rescheduling Marijuana To Schedule III, Similar to Tylenol With Codeine

Jackson Lewis P.C. on

The U.S. Drug Enforcement Administration will recommend that marijuana should be rescheduled from a Schedule I drug to a Schedule III drug, according to an announcement made April 30, 2024 by the U.S. Department of Justice. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules

On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Goldberg Segalla

Impact of Cannabis Legislation on Maryland Workers’ Compensation Claims: What Changed in Maryland?

Goldberg Segalla on

Key Takeaways - As of July 1, Maryland’s Cannabis Reform Act allows adults 21 years of age and older to legally possess up to 1.5 ounces of cannabis flower. However, the state remains without detailed legislation and/or...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

McGlinchey Stafford

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

Jackson Lewis P.C.

Marijuana in the Manufacturing Workplace

Jackson Lewis P.C. on

The requirement to maintain a safe workplace often clashes with state and local laws that protect the rights of individuals who use marijuana while off-duty, creating unique challenges for manufacturing employers....more

Jackson Lewis P.C.

North Carolina Court Dismisses Employee’s Disability Suit Over Lawful Use of CBD

Jackson Lewis P.C. on

A North Carolina federal court dismissed a former employee’s legal claims related to her use of CBD outside of work after she tested positive for marijuana and was fired by her employer. The employer had a drug testing...more

Balch & Bingham LLP

Employers Review Policies As Medical Cannabis Sales Begin In Mississippi

Balch & Bingham LLP on

With the first legal sales of medical cannabis recently occurring in Mississippi, employers should again take time to review (or familiarize) themselves with how Mississippi’s recent action in legalizing medical cannabis...more

McGlinchey Stafford

Employers: Clock is Ticking to Update Marijuana Policies

McGlinchey Stafford on

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more

Bradley Arant Boult Cummings LLP

2022, Who Were You? A Recap of Hot Issues in 2022.

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

​​​​​​​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

Constangy, Brooks, Smith & Prophete, LLP

Is Biden about to make marijuana legal?

If so, what will that mean for employers? Yesterday, President Biden announced that he was pardoning everyone who was criminally convicted of simple possession of marijuana under federal law. He's also asked state governors...more

U.S. Equal Employment Opportunity Commission...

International Paper Co. to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Paper Company Applicant Denied Job Because of ADHD Medication, Federal Agency Charged - DALLAS – Memphis-based International Paper Co. will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

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