News & Analysis as of

Preemption Drug Testing Marijuana

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Venable LLP

Marijuana Users Scoring New Employment Protections

Venable LLP on

​​​​​​​A little more than a decade ago, marijuana use was illegal in every state. Marijuana use is now fully legal in 18 states and the District of Columbia, and an additional 18 states allow use for medical reasons. Going...more

Seyfarth Shaw LLP

Colorado Representative Introduces Bill to Expand State’s Lawful Activities Law to Include Cannabis

Seyfarth Shaw LLP on

On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more

Littler

Up in Smoke? New Wisconsin Governor Proposes Marijuana Legalization and Host of New Employment Laws

Littler on

Wisconsin employers reviewing Governor Tony Evers’ very first budget proposal may be surprised by the number of the employment-related items. ...more

McNees Wallace & Nurick LLC

Medical Marijuana Update – Delaware Court expands protections for employees’ off-duty use of medical marijuana

At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder....more

FordHarrison

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

FordHarrison on

A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more

Littler

WPI State of the States: State Legislatures are Back in Business

Littler on

The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

Littler

WPI State of the States: A Busy December Signals a Wild 2018 for Employers

Littler on

Despite the holiday break in most statehouses and city halls, legislators were quite productive in December. More than 40 employment-related bills were introduced or advanced last month, across nearly 20 states and...more

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

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

Jackson Lewis P.C.

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Morgan Lewis

DEA Rejects Petitions Seeking to Reschedule Marijuana

Morgan Lewis on

The long-awaited decision maintains the illegal status of marijuana under federal law. On August 12, the US Drug Enforcement Agency (DEA), despite much speculation to the contrary, published in the Federal Register its...more

Seyfarth Shaw LLP

Colorado Supreme Court Upholds Firing For Medical Marijuana Use

Seyfarth Shaw LLP on

In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was...more

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