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Hiring & Firing › Drug Testing

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

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

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

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A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Snell & Wilmer

Toking the Line: Where Medical Marijuana Meets Employment Law

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The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Littler

Littler Lightbulb: December Employment Appellate Roundup

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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

Frantz Ward LLP

A Year in Review of Ohio’s Adult Use Cannabis Program for Employers

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On November 7, 2023, Ohio became the twenty-fourth state to legalize adult-use cannabis with 57% of voters voting in favor of Issue 2, also known as the Act to Control and Regulate Adult Use Cannabis. Ohio cannabis...more

Saul Ewing LLP

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

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On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Parker Poe Adams & Bernstein LLP

Third Circuit Rejects Claims by New Jersey Applicant Who Failed Cannabis Test

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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

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

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On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

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The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Stark & Stark

New Jersey Cannabis Law Does Not Imply a Private Right of Action for Job Applicants Who are Denied Employment Due to Cannabis Use

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On December 9, 2024, the United District Court of Appeals for the Third Circuit issued an important decision whether New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”)...more

Tucker Arensberg, P.C.

New City of Pittsburgh Ordinance Prohibits Drug Testing for Some Prospective and Current Employees Certified to Use Medical...

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Medical marijuana is currently legal in 37 states—including Pennsylvania. The Commonwealth of Pennsylvania legalized the use of medical marijuana in 2016 when it adopted the Medical Marijuana Act (“the Act”), which legalized...more

Fisher Phillips

SCOTUS Predictions: Cannabis Product Makers Won’t Face Triple Damages Under RICO Law for Driver’s Failed Drug Test

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A commercial truck driver who lost his job after failing a drug test wants to hold cannabis product makers liable under a federal racketeering law – and the case has worked itself all the way up to the U.S. Supreme Court. The...more

Fisher Phillips

Medical Cannabis Use in Kentucky Workplaces: 3 Employer Takeaways + 5 Steps to Take Now

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After over a year of preparation, Kentucky’s Medical Cannabis Program is slated to take effect January 1, 2025. While the new law legalizes medical use, the program’s reach is limited. Employees who become registered...more

Littler

Littler Lightbulb: September Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

Fisher Phillips

Cannabis Flash Survey: Industry Analysis for Construction, Healthcare, Hospitality, and Manufacturing Employers

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When FP surveyed employers across the country about their position on testing applicants for cannabis and related topics, some interesting industry-specific information was revealed that could open eyes for those in...more

Fisher Phillips

Flash Survey Reveals Half of Employers Don’t Test Applicants for Cannabis: 7 Biggest Employer Takeaways

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48% of employers don’t test for cannabis in the pre-hire process, and many have made this choice to ensure they meet their talent acquisition and retention goals. In fact, 44% of organizations that do test for cannabis report...more

Littler

Pittsburgh Ordinance Bans Tests for Many Prospective and Current Employees Who Use Medical Marijuana

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On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it...more

Fisher Phillips

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

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The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans...more

Fisher Phillips

New Pittsburgh Ordinance Protects Workers Using Medical Cannabis: 4 Steps Employers Can Take Now

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Pittsburgh employers must prepare for new workplace protections for medical cannabis patients due to a new anti-discrimination ordinance that will likely be signed into law. The new rules would prohibit employers from...more

Littler

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

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Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more

Fishman Haygood LLP

The U.S. Fifth Circuit Applies American Pipe to Preserve Putative Class Member’s Discrimination Claims

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The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

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North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...more

Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

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Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Foster Swift Collins & Smith

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

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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

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