News & Analysis as of

Screening Procedures Drug Testing

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

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

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

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

Littler

Washington Amends Law to Protect Off-Duty Marijuana Use in 2024

Littler on

On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

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

California Passes Bill Protecting Employees’ Off-Duty Marijuana Use

​​​​​​​California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more

Jackson Lewis P.C.

Developments in Employee Screening for Real Estate Industry

Jackson Lewis P.C. on

The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

Faegre Drinker Biddle & Reath LLP

New Jersey Expands Employment Protections to Medical Marijuana Users

New Jersey recently joined a growing number of states, including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island, that afford certain job...more

Holland & Hart - Employers' Lawyers

2019 Nevada Employment Legislation Updates

Over the last two years, the Nevada Legislature has passed a substantial number of laws affecting Nevada employers. Some of the most notable employment laws that recently passed are summarized below....more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Storm Clouds for Manufacturers

New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern.  Effective May 20, 2020, New York City employers will no...more

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

New York City Poised to Bar Pre-employment Marijuana Testing

On April 9, 2019, the New York City Council overwhelmingly passed a bill that would prohibit most pre-employment screening for marijuana by public and private employers. The bill is supported by Mayor Bill de Blasio and would...more

Genova Burns LLC

New York City Council Passes Trailblazing Bill to Ban All Preemployment Marijuana Testing

Genova Burns LLC on

The New York City Council recently passed a bill that, if signed by Mayor Bill de Blasio, would prohibit most New York City employers from requiring job applicants to submit to drug tests for marijuana use as a condition of...more

Parker Poe Adams & Bernstein LLP

Can Employers Stop Testing for Marijuana?

Over the past year, we have had a number of employers ask about removing marijuana from the panel of illegal substances screened for applicants and/or employees. Some of these companies cite the low unemployment rate, stating...more

Flaster Greenberg PC

Medical Cannabis Goes to Work

Flaster Greenberg PC on

In the latest salvo in an evolving legal issue, a federal court in Arizona ruled against Walmart in a recent lawsuit for terminating an employee who possessed a valid medical marijuana card after a drug test of the worker...more

Littler

Michigan Employers Can Refuse to Hire Medical Marijuana Users

Littler on

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he...more

Miller Canfield

Michigan Court Confirms that Public Employers May Enforce Zero-Tolerance Drug Policies

Miller Canfield on

The Michigan Court of Appeals has ruled that a public employer is free to deny at-will employment to a medical marijuana cardholder who fails a drug test in violation of a zero-tolerance drug policy. The court used sweeping...more

Akerman LLP - HR Defense

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

Genova Burns LLC

PUMA Provision Provides Powerful Position for Prospective Employee in Connecticut Medical Marijuana Case

Genova Burns LLC on

The magical mystery tour of medical marijuana-related employment litigation continued earlier this month with a decision out of the U.S. District Court for the District of Connecticut in the case of Noffsinger v. SSC Niantic...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: FMCSA Announces National Drug And Alcohol Testing Clearinghouse For Commercial Truck, Bus Drivers

The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of...more

Dentons

Issues in Interviewing: The Right Way to the "One"

Dentons on

The candidate interview is one of the most vital components in the hiring process. Accordingly, it involves the most forethought and planning. As an employer, you will interview a whole host of applicants to find the...more

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

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide