Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more
9/26/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
THC ,
Zero Tolerance Policies
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
6/22/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Civil Rights Act ,
Controlled Substances Act ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Prescription Drugs ,
THC ,
Title VII
With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more
1/30/2023
/ Americans with Disabilities Act (ADA) ,
Ban the Box ,
Civil Rights Act ,
Convictions ,
Corporate Counsel ,
Drug Testing ,
Employment Discrimination ,
Employment Policies ,
Marijuana ,
OSHA ,
Policies and Procedures ,
Title VII ,
Wage and Hour
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
11/10/2022
/ Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Controlled Substances Act ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Judiciary ,
Judges ,
Marijuana ,
Medical Marijuana ,
State Courts ,
Title I ,
Title II ,
Title III ,
Title VII
On its face it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic...more
8/19/2022
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Discrimination ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Illegal Drugs ,
Race Discrimination ,
Sexual Harassment ,
Title VII