Frederick Smith on Employer Liability Issues

Method and Madness Behind New California and Washington Cannabis Laws

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

5/15/2023 / Drug Testing , Employer Liability Issues , Employment Discrimination , FEHA , Marijuana , THC

Clearing the Haze: The Method and the Madness Behind the New Cannabis Laws in California and Washington

On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other employment...more

5/11/2023 / California , Cannabis Products , Corporate Counsel , Employees , Employer Liability Issues , Governor Newsom , Marijuana

California Employers See Most Cannabis Testing Go Up in Smoke

On September 18, 2022, California Governor Gavin Newsom signed AB 2188, which will make it unlawful for California employers to rely on cannabis test results for employment purposes, unless in very narrow circumstances....more

9/27/2022 / Drug Testing , Employer Liability Issues , Employment Policies , Governor Newsom , Hiring & Firing , Marijuana , State Labor Laws

New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey...more

9/23/2022 / Drug Testing , Employer Liability Issues , Employment Policies , Hiring & Firing , Marijuana , State and Local Government

New Charlotte Ordinance Expands Employment Non-Discrimination Protections

Seyfarth Synopsis: On August 9, 2021, the Charlotte City Council voted unanimously to expand the protections under the City’s non-discrimination ordinance to include additional protected categories....more

9/2/2021 / Employer Liability Issues , Employment Discrimination , Local Ordinance , Non-Discrimination Rules

North Carolina Changes Separation Payment Requirements and Employer-Notice Requirements for Employee Wages

On July 8, 2021, North Carolina Governor Roy Cooper signed Senate Bill 208, which modifies the requirements for: (i) final wage payment to separated employees; and (ii) employer-provided notice to employees concerning their...more

8/13/2021 / Employer Liability Issues , Governor Cooper , State Labor Laws , Wage and Hour

Marijuana Breathalyzers: Could New Testing Methods Help Employers And Employees?

Seyfarth Synopsis: Employers are grappling with the wave of marijuana laws sweeping the nation, some of which provide very employee-friendly protections....more

11/7/2019 / Drug Testing , Employer Liability Issues , Employment Policies , Marijuana

Iowa Lowers Standard for Positive Alcohol Tests

Synopsis: Effective July 1, 2018, Iowa employers may lower their standard for alcohol tests and consider taking action against an employee with a blood alcohol concentration as low as .02....more

5/29/2018 / Alcohol Testing , Drug & Alcohol Abuse , Employer Liability Issues , Employment Policies , New Amendments , State and Local Government , State Labor Laws , Workplace Safety

Into The Weeds: Will California Employment Law Protect Medical Marijuana Users?

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users. California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more

3/8/2018 / Decriminalization of Marijuana , Employer Liability Issues , Employment Discrimination , Employment Policies , Marijuana , Medical Marijuana , Popular , State Labor Laws

DOT Amends Employee Drug Testing Requirements

Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel. ...more

11/16/2017 / Commercial Truck Drivers , Department of Transportation (DOT) , Drug & Alcohol Abuse , Drug Testing , Employer Liability Issues , Employment Policies , Opioid , Prescription Drugs , Transportation Industry , Trucking Industry

Refusal To Hire Medical Pot Users Just Got Riskier–At Least In Rhode Island

Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users....more

7/25/2017 / Decriminalization of Marijuana , Disability Discrimination , Drug Testing , Employer Liability Issues , Employment Litigation , Employment Policies , Hiring & Firing , Marijuana , Medical Marijuana

Frederick Smith

Seyfarth Shaw LLP

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