Date: Wednesday May 24, 2017

Time: 1:00pm to 2:00pm EDT

Your Host: Jordan B. Schwartz and Andrew J. Sommer

The rise in medical marijuana legislation poses many interesting questions for employers - especially national employers where state laws may differ drastically on this issue.  State legislation of the lawful use of cannabis likely will require employers to change their perceptions of longstanding drug policies and practices.  Legalized medical cannabis is a reality in several states, dispensaries are open for business, and state legislation on this topic has become a hot topic throughout the country.  Employers are not required to allow patients to use medical cannabis in the workplace, there is no current legal authority requiring employers to allow permission to use medical cannabis as a “reasonable accommodation” under federal or state disabilities laws, and employers are under no obligation to tolerate medical cannabis use by employees in safety-sensitive positions. With that being said, challenges by medical marijuana patients concerning their employers’ practices are sure to arise, and there are several state and federal laws that may be implicated in those lawsuits.  Employers with national operations must take into account potentially divergent laws of the states in which they operate. Because the nation is embarking on something completely new with the legalization of medical marijuana, it would be prudent for employers to tread carefully and refrain from making hasty decisions that can lead to the time, expense, distraction, and potentially unflattering publicity resulting from litigation.

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About the presenters

Jordan B. Schwartz

Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship.

Mr. Schwartz works to create workplace solutions for his clients across all industries. He defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. He advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. When relevant, Mr. Schwartz provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act.

Andrew J. Sommer

Andrew Sommer is a partner in Conn Maciel Carey’s San Francisco office.  He advises employers on a wide range of labor and employment matters, and defends against claims of discrimination, harassment, whistleblowing, wage and hour violations and wrongful termination. Mr. Sommer also represents employers in inspections and enforcement actions involving Cal/OSHA.

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