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Marijuana Employer Liability Issues Corporate Counsel

Parker Poe Adams & Bernstein LLP

Lawful Products Statutes Complicate Employers' Response to Employees' Claims of CBD Use

Over the past year, we have encountered a growing number of claims raised by applicants and employees who allege that positive drug test results for marijuana were actually the result of their use of legal hemp products...more

Lerch, Early & Brewer

New Rule Will Limit DC Employers’ Ability to Crack Down on Employee Cannabis Use

Lerch, Early & Brewer on

DC employers will no longer be able to take adverse action against employees for certain cannabis use. The new rules are part of the Cannabis Employment Protections Amendment Act, which was passed by the DC Council then...more

Seyfarth Shaw LLP

Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington

Seyfarth Shaw LLP on

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

Littler

Nevada Supreme Court Allows Employees to Sue Employers for Failure to Accommodate Medical Marijuana Use, Rejects Possible Related...

Littler on

Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a statute in the NRS Chapter...more

Manatt, Phelps & Phillips, LLP

Nevada Supreme Court Sides With Employer in Marijuana Dispute

Demonstrating the challenges of differing state and federal laws with regard to marijuana, the Nevada Supreme Court dismissed a complaint filed by an employee terminated for a positive marijuana test....more

Seyfarth Shaw LLP

District of Columbia Provides Employment Protections to Cannabis Users

Seyfarth Shaw LLP on

The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Locke Lord LLP

Legalized Marijuana in Rhode Island ‎Presents New Challenges ‎for Employers

Locke Lord LLP on

On Tuesday, May 24, the Rhode Island General Assembly passed legislation legalizing the ‎recreational use of marijuana. The bill will become law upon the signature of Governor Dan McKee, ‎which is expected. Recreational...more

Fisher Phillips

The California Legislature Is Back in Town – Employers Should Monitor These 10 Bills

Fisher Phillips on

The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more

Seyfarth Shaw LLP

Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

Seyfarth Shaw LLP on

Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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 for the past few years—and this past month...more

Tarter Krinsky & Drogin LLP

Most New York Employers Are Now Forbidden to Test Their Employees for Cannabis Use

On October 19, 2021, New York State’s Department of Labor (NYSDOL) updated its initial guidance to employers – itself issued only days earlier – concerning the legalized use of cannabis and the workplace. The new guidance...more

Epstein Becker & Green

Marijuana Legalization Rundown: Recent Judicial Decisions

Epstein Becker & Green on

As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year.  Along with those laws has come a number of recent court decisions...more

Littler

Pennsylvania Appeals Court Determines State’s Medical Marijuana Act Includes a Private Right of Action for Employees

Littler on

In a case of first impression, the Superior Court of Pennsylvania has determined that employees can sue their employers for claims under the Pennsylvania Medical Marijuana Act (MMA).  Palmiter v. Commonwealth Health Sys.,...more

Locke Lord LLP

Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization

Locke Lord LLP on

As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce....more

Rivkin Radler LLP

Recreational Cannabis Statutes’ Impact On NY And NJ Employers

Rivkin Radler LLP on

New York and New Jersey recently legalized recreational marijuana within less than 6 weeks of each other. While both acts prohibit employers from taking action against employees at least 21 years old who use marijuana...more

McGuireWoods LLP

New Laws and the 2021 Cannabis Effect on Employers

McGuireWoods LLP on

In the first four months of 2021, numerous states, including Virginia, New Mexico, New York and New Jersey passed laws dismantling restrictions on recreational and medical cannabis. Employers in these states are raising...more

Fox Rothschild LLP

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

Fox Rothschild LLP on

For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

Fisher Phillips

What New York State Employers Need To Know About Cannabis Legalization

Fisher Phillips on

Recreational use of cannabis or marijuana is now legal in New York State. On March 31, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act. The legalization of cannabis will have significant short and...more

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

Recreational Marijuana Is Legal in New Jersey: What Employers Need to Know

On February 22, 2021, New Jersey Governor Phil Murphy signed into law the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Among other things, the 240-page measure legalizes...more

Kelley Drye & Warren LLP

The Cannabis Conundrum: A Warning For Employers

While many states have legalized medical and recreational marijuana, marijuana remains an illegal controlled substance under federal law. As we have previously discussed, this has created a conundrum of sorts for employers...more

Epstein Becker & Green

Roadmap to Compliance: Major Employment Laws Effective as of January 2021 and Beyond

Epstein Becker & Green on

While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled...more

Husch Blackwell LLP

Guidelines For Employers As More States Legalize Marijuana

Husch Blackwell LLP on

As we reported in our recent commentary, voters in five states in the 2020 general election passed initiatives to legalize marijuana usage. As the success of these ballot initiatives suggest, despite marijuana’s...more

FordHarrison

New Jersey's Supreme Court Upholds Reinstatement of Medical Cannabis User's Claim Under the New Jersey Law Against Discrimination

FordHarrison on

On March 10, 2020, the New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer, after he was fired for failing a...more

Constangy, Brooks, Smith & Prophete, LLP

Illinois Employers, Get Ready!

Illinois ended the old year and started the new with a bang. Numerous new workplace rules have taken effect, with more on the horizon. Here are some of the recent changes that employers with operations in Illinois will need...more

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