On March 31, 2021, Governor Andrew Cuomo signed the New York Marihuana Regulation and Taxation Act (the Act) legalizing the recreational use of marijuana products by adults. Effective immediately, the Act prohibits employers...more
After contentious negotiations, Governor Phil Murphy has signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the Act) implementing the constitutional amendment embracing...more
As we reported over the summer, on June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) into law. This Act legalizes the use, possession, and even cultivation of marijuana by...more
11/25/2019
/ Adverse Employment Action ,
Amended Legislation ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Marijuana Cultivation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana. Under A.B. 132, employers are generally prohibited from...more
6/26/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the “Act”) (HB 1438). The Act, notwithstanding federal law, declares marijuana a “lawful product” for state law purposes, and would make...more
6/20/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws
On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more
4/11/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Conditional Job Offers ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Marijuana ,
Marijuana-Infused Edibles ,
Medical Marijuana ,
State and Local Government
On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Protection Act. The Act, better known as the medical marijuana “Unity Bill,” amends the state’s medical marijuana law to create...more
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
2/25/2019
/ Conditional Job Offers ,
Corporate Counsel ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Medical Marijuana ,
Screening Procedures ,
State and Local Government ,
State Labor Laws
A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut’s Palliative Use of...more
9/12/2018
/ Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
State Labor Laws
Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more
12/27/2017
/ Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Opioid ,
Prescription Drugs ,
Regulatory Oversight ,
Transportation Industry ,
Trucking Industry
Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more
8/17/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Marijuana ,
Medical Marijuana ,
Popular ,
Preemption ,
Zero Tolerance Policies
Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more
5/16/2016
/ Alcohol Testing ,
Data Collection ,
Drug Testing ,
Electronic Filing ,
Employer Liability Issues ,
Employer Mandates ,
Final Rules ,
OSHA ,
Reporting Requirements ,
Workplace Injury ,
Workplace Safety
The National Labor Relations Act’s limitations on employer no-solicitation/no-distribution policies have been established for decades, right? Most labor relations practitioners and Human Resources specialists are familiar...more
The National Labor Relations Board ("Board"), in its July 31, 2014 decision in Ralph's Grocery Co., 361 NLRB No. 9 (2014), ruled that so-called "Weingarten rights" – the general right of a unionized employee to request union...more
9/4/2014
/ Adverse Employment Action ,
Alcohol Testing ,
Corporate Counsel ,
Drug Testing ,
Employer Liability Issues ,
Grocery Stores ,
Internal Investigations ,
NLRB ,
Ralphs ,
Union Representatives ,
Unions ,
Weingarten Rights
On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more