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The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more
This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more
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
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.”...more
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
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more
The District Court of Connecticut dismissed employment discrimination claims asserted under the Americans with Disabilities Act (“ADA”) with regard to state authorized medical marijuana use. Eccleston v. City of Waterbury,...more
Welcome to the future. With the dramatic changes in acceptance of medical and even recreational marijuana, employers need to take a fresh look at the way they maintain drug-free workplaces. Here are some tips for surviving...more
In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...more
The New Jersey Supreme Court announced it will review the Appellate Division’s decision in Wild v. Carriage Funeral Holdings, Inc., which extended protections under the New Jersey Law against Discrimination (NJLAD) to medical...more
Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more
In Chance v. Kraft Heinz Foods Company, a Delaware state court recently held that a private cause of action exists under the state’s Medical Marijuana Act (DMMA) and confirmed that the federal Controlled Substances Act (CSA)...more
As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana...more
On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana...more
On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use. In the long-awaited decision in Coats v. Dish Network, the court ruled that medical marijuana use—which is...more
On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test...more
Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more