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Job Applicants Marijuana

Amundsen Davis LLC

Local and State Employment Law Update

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The latest round of labor and employment law updates includes several changes impacting employers in jurisdictions across the nation, summarized below. Colorado - Effective February 1, 2026 On May 17, 2024, Governor Polis...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

CDF Labor Law LLP

[Webinar] Up in Smoke: A Blunt Discussion of Applicant and Employee Drug Testing in California in 2024 - January 16th, 10:00 am -...

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As we enter 2024, CDF has designed a webinar that aims to equip California employers with essential knowledge regarding the new marijuana drug testing rules and how to update personnel testing, policies, and procedures to...more

Perkins Coie

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

Ervin Cohen & Jessup LLP

California Enacts Further Protections for Marijuana-Using Workers and Job Applicants

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Passed in 2022 and effective January 1, 2024, Assembly Bill 2188 creates Government Code section 12954 to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of...more

Nossaman LLP

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

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Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

Fisher Phillips

How Can Employers Prepare for California’s New Cannabis Laws? Answers to Your Top 4 Compliance Questions

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Two new employment-related cannabis laws will soon take effect in California, which may prompt changes to your employee handbooks and workplace policies. One law adds new employee protections for off-the-job cannabis use, and...more

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

California Expands Marijuana Employment Antidiscrimination Law

On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with...more

Seyfarth Shaw LLP

Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme

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Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis...more

Seyfarth Shaw LLP

Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

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On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more

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

New Washington State Law Will Protect Job Applicants From Discrimination Based on Off-Duty Marijuana Use

Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair,...more

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

Minnesota Legislature Passes New Recreational Marijuana Bill

We are close to the end of the 2023 Minnesota legislative session, and the legislature has left employers in the weeds with all the drastic changes. Namely, the legislature sent Minnesota’s recreational marijuana bill to...more

Fisher Phillips

Washington State Restricts Pre-Employment Cannabis Testing: 4 Key Takeaways for Employers

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Washington state is joining the growing trend to provide some level of protection for off-duty recreational cannabis use and will impose new restrictions on employers that conduct pre-employment drug screening. Specifically,...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

Sheppard Mullin Richter & Hampton LLP

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

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

McManis Faulkner

California Employers Will Continue to Confront a Changing Legal Landscape in 2023 and Beyond

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The COVID-19 pandemic spurred a vast number of changes to California’s employment laws.  Employers hoping for a reprieve from the rapid pace of change in employment laws will be disappointed that 2023 has been marked as...more

Fisher Phillips

5-Step Plan for Employers as Missouri Legalizes Marijuana

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When Missouri voters approved Amendment 3 this Election Day to legalize personal use of marijuana by adults 21 and older, employers were sure to have questions. Besides legalizing the recreational use of marijuana (also...more

Bradley Arant Boult Cummings LLP

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

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

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

Seyfarth Shaw LLP

To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices

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Seyfarth Synopsis: The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports,...more

Fisher Phillips

Puff, Puff, PASSED: 6 Things Mississippi Employers Need to Know as State Passes Medical Cannabis Act

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Mississippi just became the 37th state to legalize medical marijuana when Governor Tate Reeves (somewhat begrudgingly) signed a bill into law on February 2 to decriminalize the use of marijuana/cannabis for medical purposes....more

Foley & Lardner LLP

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

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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

Troutman Pepper

Change in the Wind: Time for Employers to Review Their 2022 Workplace Drug Testing Polices

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Q: I read that some major companies no longer drug test applicants for marijuana. What should our company consider as we conduct a review of our workplace drug testing policy for 2022? ...more

BakerHostetler

Philadelphia Enacts Ordinance Banning Pre-Employment Marijuana Testing

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As of Jan. 1, 2022, employers in the City of Brotherly Love are prohibited from requiring job applicants to undergo pre-employment drug testing for marijuana use. The ordinance, referred to as the Prohibition on Testing for...more

Proskauer - Law and the Workplace

Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing

Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful...more

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