News & Analysis as of September 24, 2024

Hiring & Firing › Zero Tolerance Policies

+ Follow

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 -

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

Roetzel & Andress on 11/9/2023

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

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

Seyfarth Shaw LLP on 5/26/2023

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

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

Adams and Reese LLP on 7/22/2021

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

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

Bodman on 6/4/2021

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

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

Epstein Becker & Green on 5/14/2020

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

Zero Tolerance for Zero Tolerance Marijuana Policies?

Foley & Lardner LLP on 2/11/2020

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

Illinois Governor Signs Employer-Friendly Amendments to Recreational Marijuana Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/9/2019

On June 25, 2019, Governor J. B. Pritzker signed legislation making Illinois the 11th state to approve marijuana for recreational use. Recreational use of marijuana will be permitted by law beginning January 1, 2020....more

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper on 11/22/2019

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

Littler Global Guide - France - Q3 2019

Littler on 10/23/2019

A decree, dated July 26, 2019, has set a principle of modulation of employers’ contribution to the mandatory unemployment scheme (between 3 and 5.05%) depending on the number of contract terminations. All terminations count,...more

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Shaw LLP on 10/15/2019

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

Medical Marijuana Can be a Tricky Issue for Arizona Employers

Jaburg Wilk on 9/28/2019

In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they...more

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Benesch on 8/30/2019

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more

Are Employers Required To Accommodate Medical Marijuana?

Roetzel & Andress on 8/16/2019

Medical marijuana has finally arrived. Over 53,000 Ohio residents have applied for and received medical marijuana cards. Ohio’s first dispensaries have opened and begun selling marijuana recommended by physicians for the...more

Supplementing the Pink Slip for a Green Stamp of Approval – Rising Trends of New Employment Protections for Registered Cannabis...

Burns & Levinson LLP on 7/25/2019

Early this month, New Jersey enacted new workplace protections for authorized medical cannabis users - Under the new regulations, employers are prohibited from taking an adverse employment action against an existing or...more

Smoke Clears For Employers Under New Illinois Marijuana Law

Akerman LLP - HR Defense on 7/16/2019

As marijuana legalization laws spread, some states are more focused on employee protections, but Illinois recently adopted a new marijuana law that includes extensive workplace protections for employers. Last month, the...more

Illinois Legalizes Recreational Marijuana: Impact on Employers

Proskauer - Law and the Workplace on 6/27/2019

Illinois will soon become the eleventh state to legalize the recreational use of marijuana. On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”). The CRTA,...more

Illinois’ Legalization of Marijuana May Change the Drug-Free Workplace Landscape

Vedder Price on 6/21/2019

Recreational cannabis is poised to become legal in Illinois in 2020, and Illinois employers should consider the impact now. In late May 2019, the Illinois House and Senate approved the Cannabis Regulation and Tax Act (the...more

Courts Are Siding with Employees Who Use Medical Marijuana

McDermott Will & Emery on 6/20/2019

Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more

Time For Paranoia? The ‘Legalization’ Of Marijuana In Illinois And The Workplace Ramifications

Fisher Phillips on 6/14/2019

Illinois lawmakers recently approved House Bill 1438, referred to as the “Cannabis Regulation and Tax Act,” legalizing recreational marijuana. Governor Pritzker is expected to sign the bill into law, making Illinois the 11th...more

Legal Recreational Marijuana Is Coming to Illinois: The Impact on Employers

Holland & Knight LLP on 6/7/2019

• The legalization of recreational cannabis in Illinois will not prevent Illinois employers from adopting and implementing reasonable workplace policies precluding employees from being impaired by or under the influence of...more

Inability to Measure Cannabis Impairment Justifies Zero-Tolerance Policy

Bennett Jones LLP on 3/7/2019

The inability to measure and mitigate impairment from medical cannabis means employers can avoid accommodation requests from employees, according to the Newfoundland and Labrador Supreme Court in IBEW, Local 1620 v Lower...more

Changing Marijuana Laws and Effective Drug Testing Policy

Bradley Arant Boult Cummings LLP on 2/7/2019

Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more

The ADA and the Volatile Employee

Butler Snow LLP on 1/22/2019

Jerry’s generally a good employee, but he hasn’t been acting quite right. Co-workers have been taken aback that he’s lost his cool over relatively trivial issues. Although he hasn’t made any overt threats, he gets worked up...more

Cannabis and the Contractor: Effective Drug Testing Policy and Compliance

Bradley Arant Boult Cummings LLP on 1/10/2019

Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more

Weeding Out a Job Candidate, Literally: Connecticut Court Weighs in on Medical Marijuana Laws and Drug Tests

Bradley Arant Boult Cummings LLP on 10/11/2018

What do you do with employees who use “legal” marijuana in violation of your Drug-Free Workplace Policy? So far, 30 states and the District of Columbia have enacted laws permitting use of marijuana for medical purposes, and...more

58 Results

View per page

Page: of 3

Hiring & Firing › Zero Tolerance Policies

"My best business intelligence, in one easy email…"