High Crimes and Misdemeanors: Unruly Passengers on Flights
Employment Law This Week®: Cannabis User Protections, WHD Opinion Letters, New Salary History Bans, NYS Anti-Harassment Training Deadline
12 O’Clock High-Episode 99, The Case of Roberto Osuna
I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination
Marijuana in the Workplace
Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more
Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more
Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more
When evaluating employee discipline or termination, there are a number of factors to consider: Did the employee have notice of the policy or rule he allegedly violated?...more
Failing a drug test may not kill the buzz for medical marijuana patients in the Empire State. In contrast to courts in California and other jurisdictions, a New York state court has held that medical marijuana users are...more
Employers are undoubtedly aware of the ever-changing landscape of marijuana laws across the country. Complicating matters for larger employers is that these evolving statutes are creatures of state law with little uniformity...more
On June 25, 2019, Governor J. B. Pritzker signed legislation making Illinois the 11th state to approve marijuana for recreational use. Recreational use of marijuana will be permitted by law beginning January 1, 2020....more
Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more
A decree, dated July 26, 2019, has set a principle of modulation of employers’ contribution to the mandatory unemployment scheme (between 3 and 5.05%) depending on the number of contract terminations. All terminations count,...more
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they...more
Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace,...more
Medical marijuana has finally arrived. Over 53,000 Ohio residents have applied for and received medical marijuana cards. Ohio’s first dispensaries have opened and begun selling marijuana recommended by physicians for the...more
As marijuana legalization laws spread, some states are more focused on employee protections, but Illinois recently adopted a new marijuana law that includes extensive workplace protections for employers. Last month, the...more
Illinois will soon become the eleventh state to legalize the recreational use of marijuana. On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”). The CRTA,...more
Recreational cannabis is poised to become legal in Illinois in 2020, and Illinois employers should consider the impact now. In late May 2019, the Illinois House and Senate approved the Cannabis Regulation and Tax Act (the...more
Marijuana, a Schedule 1 drug under the federal Controlled Substances Act (CSA), is the most commonly detected illicit drug in employment drug testing. According to Quest Diagnostics, in 2018, approximately 3% of urine-based...more
Illinois lawmakers recently approved House Bill 1438, referred to as the “Cannabis Regulation and Tax Act,” legalizing recreational marijuana. Governor Pritzker is expected to sign the bill into law, making Illinois the 11th...more
• The legalization of recreational cannabis in Illinois will not prevent Illinois employers from adopting and implementing reasonable workplace policies precluding employees from being impaired by or under the influence of...more
The inability to measure and mitigate impairment from medical cannabis means employers can avoid accommodation requests from employees, according to the Newfoundland and Labrador Supreme Court in IBEW, Local 1620 v Lower...more
Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more
Jerry’s generally a good employee, but he hasn’t been acting quite right. Co-workers have been taken aback that he’s lost his cool over relatively trivial issues. Although he hasn’t made any overt threats, he gets worked up...more
Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more
What do you do with employees who use “legal” marijuana in violation of your Drug-Free Workplace Policy? So far, 30 states and the District of Columbia have enacted laws permitting use of marijuana for medical purposes, and...more
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