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In Zanetich v. Walmart Stores East Inc., the Third Circuit Court of Appeals held that a job applicant could not bring a claim against Walmart under New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace...more
A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for...more
As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more
Passed in 2022 and effective January 1, 2024, Assembly Bill 2188 creates Government Code section 12954 to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of...more
Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis...more
On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more
We are close to the end of the 2023 Minnesota legislative session, and the legislature has left employers in the weeds with all the drastic changes. Namely, the legislature sent Minnesota’s recreational marijuana bill to...more
When Missouri voters approved Amendment 3 this Election Day to legalize personal use of marijuana by adults 21 and older, employers were sure to have questions. Besides legalizing the recreational use of marijuana (also...more
New Jersey recently joined a growing number of states and territories — including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and...more
While the use of cannabis is still illegal at the federal level, 33 states now allow medical use and 11 of those states and Washington, D.C. have also legalized recreational use. Oregon has always been on the leading edge of...more
Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more
This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more
Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more
2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that...more
The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. ...more
In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more
On January 1, 2017, Nevada became the fifth state to legalize the recreational use of marijuana. Since then, Nevada employers have denied employment to prospective job candidates if they test positive for marijuana on a...more
Before Donald Glover (aka Childish Gambino) was singing duets with Beyonce, he was the brains behind TV’s Atlanta, a comedy-drama filmed and based in Atlanta, Georgia. Atlanta chronicles the efforts of Earnest “Earn” Marks...more
Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana. Under A.B. 132, employers are generally prohibited from...more
A number of employment-related bills passed this 2019 legislative session. One of these bills is AB 132, revising certain sections of NRS Chapter 613 as it relates to unlawful employment practices. ...more
It appears Illinois will become the 11th state to permit recreational cannabis. Once Governor Pritzker signs the legislation, as promised, beginning January 1, 2020, the Cannabis Regulation and Tax Act (“Act”), will allow...more
Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more
What do you do with employees who use “legal” marijuana in violation of your Drug-Free Workplace Policy? So far, 30 states and the District of Columbia have enacted laws permitting use of marijuana for medical purposes, and...more