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Employer Liability Issues Zero Tolerance Policies

McDermott Will & Emery

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

McDermott Will & Emery on

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more

Stikeman Elliott LLP

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

Stikeman Elliott LLP on

Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties...more

Roetzel & Andress

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Roetzel & Andress on

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

FordHarrison

EntertainHR: Don’t Be Punk’d Without a Workplace Violence Policy

FordHarrison on

I have a confession to make: To the embarrassment of my family, especially my wife, I continue to watch professional wrestling. I’m a sucker when an entire arena is directing “heat” (negative reactions like booing) at a...more

Littler

Minnesota Legalizes THC Products, Germinates New Drug-Free Workplace Issues

Littler on

In a move that surprised even some lawmakers who passed the bill, Minnesota recently became the latest state to legalize some form of marijuana for recreational use. As of July 1, 2022, Minnesotans who are at least 21 years...more

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

Iowa Supreme Court Examines Private Sector Drug-Free Workplaces Statute

Since it was passed in 1998, Iowa’s Drug-Free Workplaces Act has been one of the most comprehensive and complex drug-testing statutes in the United States. On June 25, 2021, the Iowa Supreme Court issued a pair of decisions -...more

Adams and Reese LLP

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

Adams and Reese LLP on

Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more

Bodman

Workplace Law Lowdown | Court’s Reminder to Employers: Be Consistent with Similarly-Situated Employees

Bodman on

When evaluating employee discipline or termination, there are a number of factors to consider: Did the employee have notice of the policy or rule he allegedly violated?...more

Littler

New Mexico Will Join the Growing List of States Where Recreational Marijuana is Legal

Littler on

On April 12, 2021, New Mexico Governor Michelle Lujan Grisham signed two bills into law, legalizing the use and possession of recreational cannabis and allowing for the expungement of certain cannabis-related criminal...more

Bradley Arant Boult Cummings LLP

Medical Marijuana and the Construction Industry: Effective Drug Testing Policy and Compliance

Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

Cozen O'Connor

Marijuana Legalization Push May Impact PA Utilities’ Zero Tolerance Policies

Cozen O'Connor on

Pennsylvania Governor Tom Wolf, in his 2021 budget address on February 3, 2021, again pressed the Pennsylvania Legislature to legalize adult-use recreational marijuana. His recommendation stems from a report by Lieutenant...more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

McNees Wallace & Nurick LLC

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

Seyfarth Shaw LLP

Keep Out: How to Stop Drugs and Alcohol from Entering in the Workplace

Seyfarth Shaw LLP on

1.  Introduction - Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country.  The legal environment is rapidly changing for many drugs, and additional...more

Epstein Becker & Green

New York Employers: Engage in the Interactive Process Before Disciplining Medical Marijuana Users

Epstein Becker & Green on

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

Foley & Lardner LLP

Zero Tolerance for Zero Tolerance Marijuana Policies?

Foley & Lardner LLP on

Employers are undoubtedly aware of the ever-changing landscape of marijuana laws across the country. Complicating matters for larger employers is that these evolving statutes are creatures of state law with little uniformity...more

Bricker Graydon LLP

Ohio Supreme Court to consider whether direct observation method of employee drug-testing is an invasion of privacy

Bricker Graydon LLP on

Under current Ohio law, requiring an employee to submit a urine sample for drug testing does not violate the employee’s right of privacy. However, on January 28, 2020, the Ohio Supreme Court will hear oral argument regarding...more

Seyfarth Shaw LLP

Weed at Work: Should Employers Expand “Alcohol at Work” to Cover Recreational Cannabis?

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Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. ...more

Benesch

Drug Testing in the Age of Cannabis Legalization

Benesch on

Last, week, Governor Pritzker signed into law an amendment to the Illinois Cannabis Regulation and Tax Act (the “CRTA”). The CRTA, signed by Governor Pritzker last June, permitted employers in Illinois to prohibit the use of...more

Troutman Pepper

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper on

Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Shaw LLP on

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

Epstein Becker & Green

Employment Law This Week®: Cannabis User Protections, WHD Opinion Letters, New Salary History Bans, NYS Anti-Harassment Training...

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into August 2019. The episode includes: 1. Increased Employee Protections for Cannabis Users Employment...more

Akerman LLP - HR Defense

Avalanche of New Laws Create Additional Requirements for Illinois Employers

Illinois employers must be cognizant of new Illinois laws including bans on salary history inquiries, restrictions on artificial intelligence interview programs, mandatory sexual harassment prevention training, limitations on...more

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