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Employer Liability Issues Controlled Substances

Troutman Pepper

Employer Drug-Testing Policies Must Evolve With State Law

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While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

Miller Nash LLP

Effective January 2024, New Washington Law Limits Employers’ Ability to Decline to Hire People for Past Cannabis Use

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Although Washington decriminalized recreational use of cannabis in 2012, employers in Washington have been free to deny employment on the basis of any evidence of cannabis use, including pre-hire drug testing, and even if...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...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

Fox Rothschild LLP

School Districts Must Be Cautious With Employees And Job Applicants Who Use Medical Marijuana

Fox Rothschild LLP on

A Pennsylvania appellate court's decision last month established that workers now have a private right to sue employers for alleged discrimination under Pennsylvania’s Medical Marijuana Law. For school entities, the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Poyner Spruill LLP

Department of Transportation Warns About Employee Use of CBD Products

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The use of CBD (Cannabidiol) products has become very popular throughout the country. In addition, the laws relating to use of hemp plant products are rapidly evolving. As a result, the United States Department of...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

Seyfarth Shaw LLP on

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Seyfarth Shaw LLP

Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more

Stinson LLP

Illinois Legalizes Recreational Marijuana Use for Adults 21 and Over

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Last week, the Illinois State Legislature succeeded in its bipartisan effort to legalize the recreational use of marijuana for adults 21 and over, with sales expected to begin next year. Illinois is the second state to...more

FordHarrison

Common Sense Prevails: Waiving a Drug Test as a Condition of Employment is Not a Reasonable Accommodation

FordHarrison on

In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194 (D.N.J. Aug. 10, 2018), a case of first impression, the federal district court held that neither New Jersey’s Law Against Discrimination (LAD) nor...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Medical Marijuana is Coming—Is Your Business Ready?

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

McNees Wallace & Nurick LLC

Your employee tells you he’s using medicinal marijuana . . . now what?

Since the passage of the Medical Marijuana Act (“MMA”), we have received many questions from employers regarding the MMA’s impact on employment law; one of the most frequent questions being – what do I do if an employee tells...more

Littler

Pennsylvania's Medical Marijuana Act Leaves Employers' Ability to Enforce Strict Drug-Free Workplace Policies Hazy

Littler on

On April 17, 2016, Pennsylvania Governor Tom Wolf signed legislation authorizing the use of medical marijuana (the Medical Marijuana Act or MMA) in Pennsylvania. The new law – effective May 17, 2016 – allows patients...more

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