News & Analysis as of September 21, 2024

Medical Marijuana › Employment Discrimination

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Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

The “Buzz” on Medical Marijuana in the Workplace: Current Trends and Advice

Smith Debnam Narron Drake Saintsing & Myers,... on 7/18/2024

The legal landscape relating to the permissible use of medical marijuana in the United States is evolving rapidly, presenting employers with a complex legal environment to navigate, with states taking varying stances on the...more

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

Fisher Phillips on 7/17/2024

A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

Where States Stand on Medical Marijuana in the Workplace

Miles & Stockbridge P.C. on 3/18/2024

A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

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

Lerch, Early & Brewer on 6/29/2023

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

State & Local Employment Law Developments: Q4 2022

Faegre Drinker Biddle & Reath LLP on 1/4/2023

The trend of increasing workplace regulations by state and local governments continued throughout the fourth quarter of 2022. Although it is not possible to discuss all state and local laws, this update provides an overview...more

The Site Report - Construction Law Insights, Issue 12, December 2022

Spilman Thomas & Battle, PLLC on 1/3/2023

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

To Put It Bluntly, the Federal Judiciary’s Inconsistent Approach to the Cannabis Industry Is (Reefer) Madness

McGlinchey Stafford on 11/10/2022

We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more

Marijuana in the Workplace: Uncertainty and Risks for Employers

Chartwell Law on 2/9/2022

Employers continue to grapple with New Jersey’s marijuana laws. First enacted in 2010, and amended in 2019, the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA) legalized the medicinal use of marijuana. More...more

Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

Seyfarth Shaw LLP on 1/20/2022

On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...more

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

Manatt, Phelps & Phillips, LLP on 11/1/2021

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on 9/28/2021

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Pennsylvania Employers Beware: Violations of the Medical Marijuana Act May Result in Private Civil Lawsuits

Chartwell Law on 9/17/2021

In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more

School Districts Must Be Cautious With Employees And Job Applicants Who Use Medical Marijuana

Fox Rothschild LLP on 9/9/2021

A Pennsylvania appellate court's decision last month established that workers now have a private right to sue employers for alleged discrimination under Pennsylvania’s Medical Marijuana Law. For school entities, the...more

Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act

Ballard Spahr LLP on 8/11/2021

On August 5, the Superior Court of Pennsylvania ruled, in a case of first impression, that the Pennsylvania Medical Marijuana Act (“MMA”) permits a private right of action for employees who claim that they were discriminated...more

PA Superior Court Affirms the Existence of a Cause of Action for Discrimination Under the Medical Marijuana Act

McNees Wallace & Nurick LLC on 8/10/2021

An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding...more

The Empire State Legalizes Recreational Marijuana

Foley & Lardner LLP on 5/18/2021

On March 31, 2021, New York joined 15 other states (including New Jersey) that have legalized marijuana for recreational use when Gov. Andrew Cuomo signed the New York State Marijuana Regulation and Taxation Act (MRTA). ...more

New Laws and the 2021 Cannabis Effect on Employers

McGuireWoods LLP on 4/20/2021

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

State & Local Employment Law Developments: Q1 2021

Faegre Drinker Biddle & Reath LLP on 4/2/2021

The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more

Employer Discrimination Against Certified Medical Marijuana Users

Bond Schoeneck & King PLLC on 2/12/2021

On Jan. 28, the New York State Appellate Division, First Department, issued a decision with potentially significant implications for employers confronted with their employees’ use of medical marijuana. ...more

Federal Court Finds Pennsylvania’s Medical Marijuana Act Contains Implied Private Right of Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/13/2020

On September 25, 2020, the U.S. District Court for the Eastern District of Pennsylvania became the first federal court in the Third Circuit to rule that Pennsylvania’s Medical Marijuana Act (MMA) allows an employee to bring a...more

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