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Hiring & Firing › State and Local Government › 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 -
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

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

Frantz Ward LLP

The Impact of Ohio’s Legalization of Recreational Marijuana on the BWC’s Drug-Free Safety Program

Frantz Ward LLP on

Frantz Ward’s Labor & Employment Group has previously written about the Ohio Bureau of Workers’ Compensation’s treatment of marijuana in its Drug-Free Safety Program (DFSP) following the legalization of medical marijuana in...more

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

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Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Seyfarth Shaw LLP

High Times: Marijuana Positivity in Workplace Drug Tests Reaches 25-Year Record

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Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more

Sheppard Mullin Richter & Hampton LLP

On the Horizon: Broad Employment Protections for Marijuana Users in the District of Columbia

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Last summer, the Washington D.C. Council unanimously passed a bill that prohibits employers from refusing to hire, terminating, suspending, failing to promote, demote, or otherwise penalizing any employee who uses marijuana,...more

Seyfarth Shaw LLP

New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

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As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

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It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Allen Matkins

Despite Decriminalization Of Adult Recreational Use Of Marijuana, Court Finds Its Use Is Not Lawful

Allen Matkins on

Nevada's voters decriminalized adult recreational use of marijuana by voter initiative.  See Secretary of State, Statewide Ballot Initiative Question No. 2, 14 (Nov. 8, 2016, effective Jan. 1, 2017).  Marijuana nonetheless...more

Baker Donelson

D.C. Council Approves the Cannabis Employment Protections Amendment Act of 2022

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The District of Columbia is on the verge of joining other states and localities that prohibit testing applicants and employees for cannabis use as a condition of employment. On June 7, 2022, the D.C. Council approved the...more

Foley & Lardner LLP

Weed in the Workplace: D.C. City Council Approves Bill Restricting Employer Cannabis Testing

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Washington, D.C. is poised to join a growing number of state and local jurisdictions that restrict employers from testing employees for cannabis use as a condition of employment. On Tuesday, June 7, the D.C. City Council...more

Bradley Arant Boult Cummings LLP

But I Didn’t Inhale! Employee Drug Tests in a CBD World

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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

Foley & Lardner LLP

Pre-Employment Cannabis Testing: Is It Still Worth It?

Foley & Lardner LLP on

For years, most employers and employees alike assumed a clean drug test was a pre-requisite for getting hired. These pre-employment drug testing panels included a list of illegal drugs, and almost always included...more

Jackson Lewis P.C.

Connecticut Legalizes Recreational Marijuana

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Connecticut has become the 19th state to legalize recreational marijuana use by adults. Governor Ned Lamont signed the Act Concerning Responsible and Equitable Regulation of Adult-use Cannabis on June 22, 2021...more

Jackson Lewis P.C.

Alabama Enacts Medical Marijuana Law

Jackson Lewis P.C. on

Alabama Governor Kay Ivey signed legislation legalizing medical cannabis on May 17, 2021. Known as the Darren Wesley “Ato” Hall Compassion Act, the law permits the use of medical cannabis to treat certain medical conditions...more

Sands Anderson PC

The ‘Doobieous’ State of Marijuana Legalization for Virginia Employers

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Even though Virginia will officially legalize the possession and distribution of small quantities of marijuana this summer, marijuana in all of its forms remains illegal under federal law. Federal prohibitions include...more

Jackson Lewis P.C.

Philadelphia Will Ban Pre-Employment Marijuana Testing In 2022

Jackson Lewis P.C. on

The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022. The new Chapter 9-4700 of the Philadelphia Code states that except...more

Cole Schotz

New York Passes Employment Protections For Recreational Cannabis Use

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On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Faegre Drinker Biddle & Reath LLP

Getting Into the Weeds: What the Legalization of Recreational Cannabis Means for New Jersey Employers

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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

Ballard Spahr LLP

Pennsylvania Marijuana Update: Accommodations and Pre-Employment Testing

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Summary - Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more

Seyfarth Shaw LLP

New York City Adopts Rules Clarifying the “Safety-Sensitive” Exception for Pre-Employment Marijuana Tests

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Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more

Jackson Lewis P.C.

Rhode Island Court Upholds “Reasonable Grounds” Drug Testing Even Where There Is Another Possible Explanation For Employee’s...

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The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have...more

Foley Hoag LLP

New York City Bans Pre-Employment Marijuana Testing

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On Sunday, May 10, 2020, a groundbreaking New York City law went into effect prohibiting most employers from requiring job applicants to submit to marijuana or tetrahydrocannabinols (THC) tests during the hiring process. The...more

Littler

Pennsylvania Court Finds Private Right of Action for Employees Under State’s Medical Marijuana Law

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Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law. Palmiter v....more

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