News & Analysis as of

Marijuana Employer Liability Issues

Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing Operations

My law firm colleague Nate Read and myself authored an article for the Arkansas Oil Marketers Association publication The Canopy titled: Arkansas Medical Marijuana: Key Employment Law Issues for Petroleum Marketing...more

Workplace Violence, Indoor Heat, Cannabis Regulations On Cal/OSHA 2018 Schedule

by Jackson Lewis P.C. on

Starting the year with a bang, the Cal/OSHA Division said it intends to finalize several new standards this year, including on indoor heat illness prevention. It also intends to release new workplace violence prevention for...more

Sessions Isn’t Blowing Smoke—Marijuana Enforcement Is Back on the Books

by Blank Rome LLP on

At the beginning of January, Attorney General Jeff Sessions issued a one-page memorandum rescinding the Obama-era approach to marijuana enforcement, which had largely been “hands-off” on prosecuting marijuana users and...more

Howard’s End of the Week Roundup. January 6, 2017

by Fisher Phillips on

This Week’s Labor, Employment Law and OSHA Legal Developments - • Administration is resubmitting Scott Mugno for OSHA leader and shooting for a January 11 Committee hearing. • The vital US Labor Department Solicitor...more

Will the Justice Department's Attack on Marijuana Impact New Jersey Employers?

by FordHarrison on

On January 4, 2018—just days after California began selling recreational marijuana and became poised to become the largest legal market for the drug in the U.S.—the Department of Justice changed tactics on marijuana...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

by Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

by Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

by Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results

by McNees Wallace & Nurick LLC on

Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state...more

Drug Free Workplaces in the Medical Marijuana Era

by Cohen & Grigsby, P.C on

To date, twenty-nine states have legalized medical marijuana. As laws permitting medical marijuana use go into effect across the county, many employers are left wondering how these laws will impact their drug-free workplace...more

Medical Marijuana is Coming—Is Your Business Ready?

In 2018, Arkansas businesses will face for the first time the prospect that job applicants and employees will produce a medical marijuana registry ID card approved by the Arkansas Department of Health (“ADH”) in response to a...more

November 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

Impact Of Recreational Marijuana On Your Business

by SmithAmundsen LLC on

While marijuana use remains unlawful under federal law, 30 states and Washington D.C. have legalized some form of medical use. Eight states and Washington D.C. have legalized recreational marijuana for adults. More cities,...more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

A “Smoky” Legal Issue for 2018 – Medical/Recreational Marijuana In the “Workplace”

by Kelley Drye & Warren LLP on

Marijuana remains illegal under federal law. However, there are many states, and a few cities, which have legalized medical and recreational marijuana – creating challenges for employers, as these laws “sprout up” (pun...more

Employers Can Expect New Problems When Recreational Marijuana Hits New Jersey

by FordHarrison on

A cornerstone of Governor-elect Phil Murphy’s campaign platform was the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law with the new administration comes as employers are just getting...more

Update on Pennsylvania’s Medical Marijuana Law

Ready or not, Pennsylvania employers: your employees could be able to obtain medical marijuana from licensed dispensaries within six months, according to a recent announcement by state officials. Since Pennsylvania legalized...more

Medical Marijuana Closer to Entering the Pennsylvania Workforce

by Barley Snyder on

The Pennsylvania Department of Health officially launched its medical marijuana patient and caregiver registry last week, allowing patients with specific medical conditions to sign up for a state-issued certification card....more

State Marijuana Laws: Employers Get By With A Little Help From Their Lawyers

by McCarter & English, LLP on

State laws permitting the lawful use of marijuana for medical or recreational purposes continue to complicate employer efforts to craft policies concerning employees’ marijuana use. Employers know that employees who work...more

Medical Marijuana 105: Marijuana in the Workplace

by Farrell Fritz, P.C. on

As you may recall from our first post in this series, medical marijuana in New York was legalized through the passage of the New York Compassionate Care Act (“CCA”) in 2014. The CCA also created new anti-discrimination...more

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

CT Medical Marijuana Law Protects Employees; Not Preempted By Federal Drug Laws

by Shipman & Goodwin LLP on

Labor Day has come and gone. Summer is over. Can we all stop listening to Despacito now. (Please?) But it’s time to look at a decision that came out during the dog days of summer that might have been overlooked. A recent...more

Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws

by Shipman & Goodwin LLP on

Ever since Connecticut allowed employees to obtain and use medical marijuana, employers have wondered whether, under certain circumstances, federal law would preempt the state law. A recent federal district court case has now...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

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