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To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices

Seyfarth Synopsis: The latest Gallup poll shows that 68% of Americans support cannabis legalization. Further, the rate of positive cannabis test results has jumped in the last decade. And according to recent news reports,...more

Supreme Court of New Hampshire Weighs in On Reasonable Accommodations for Medical Marijuana Users

On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of...more

The NLRB Telegraphs the First of Many Knockouts of Trump Board Decisions

As we previously reported here, in numerous dissents issued in 2021, the National Labor Relations Board’s Chair McFerran blasted the Boeing Co. handbook and work rules standard due to her view that it was, for example, “so...more

Another Busy Year for Employment-Purposed Background Checks: What Happened in 2021?

Seyfarth Synopsis: Each year, employers revisit and possibly modify their background screening policies and practices to account for newly enacted ban-the-box and other laws impacting background screening. Last year, we saw...more

Marijuana Laws Impacting Employers Spread Like a Weed in 2021: A Year in Review

Seyfarth Synopsis: Every year, employers find themselves revisiting their marijuana and drug testing policies to account for newly enacted laws at the state and local level. Now is no different. Below are some highlights of...more

CDC Issues Guidance for Employers to Address Possible Marijuana Use by Drivers

Last month, the Centers for Disease Control, National Institute for Occupational Safety and Health, issued a bulletin directed to employers with workers who drive as part of their jobs. The bulletin, “Marijuana Driving: How...more

Philadelphia’s Restrictions on Pre-Employment Marijuana Tests Become Effective January 1, 2022

Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and...more

NLRB General Counsel Issues Memorandum Advising Regions to Pursue Harsh Penalties Against Employers for Labor Law Violations

As previously reported here, on August 12, 2021, the National Labor Relations Board’s top lawyer, General Counsel Jennifer Abruzzo, issued a memorandum instructing regional offices to send cases relating to certain issues to...more

New Jersey Cannabis Regulatory Commission’s “Personal Use Cannabis Rules” Do Not Provide Guidance About Employer Drug Testing...

As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which is enabling...more

Connecticut Becomes the 20th Jurisdiction to Legalize Recreational Marijuana

Seyfarth Synopsis: In the first six months of 2021, several states legalized marijuana for recreational and medicinal purposes, including New York, New Jersey, Virginia, and New Mexico. States show no signs of slowing down. ...more

Don’t Let the Pendulum Hit You as it Swings: NLRB General Counsel Previews a Pro-Labor Agenda

With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more

Louisiana Employers Now Subject to “Fair Chance” Law

Seyfarth Synopsis: On June 16, 2021, Louisiana joined the growing list of states and localities with so-called “Fair Chance” laws by enacting its own law restricting an employer’s consideration of criminal history in hiring...more

Iowa Supreme Court Takes on Employer Drug Testing Practices

Seyfarth Synopsis: On June 25, 2021, concluding that Iowa’s comprehensive drug testing statute requires employers to “substantially” comply with its mandates, the Iowa Supreme Court issued two separate decisions finding that...more

Iowa Supreme Court Partially Invalidates Waterloo “Ban-the-Box” Law

Seyfarth Synopsis: On June 18, 2021, the Iowa Supreme Court upheld a portion of the Waterloo, Iowa ban-the-box law’s restrictions on “when” employers can inquire about criminal history, but struck down restrictions on “what”...more

Back To The Future, Part Four: The Possible Reinstatement Of Obama-Board Rules

The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth...more

California District Court Dismisses Disability Claims Based on Failed Preemployment Marijuana Screen

Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. ...more

Philadelphia Joins New York City and Nevada in Restricting Pre-Employment Marijuana Tests

On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a...more

Back To The Future, Part Three: The Possible Reinstatement Of Obama-Board Rules

Once again, the National Labor Relations Board’s sole Democrat, Chairman McFerran, has issued a dissent that sheds light on how a Biden-Board likely will reverse precedent established by the Trump-Board. This update is our...more

4/30/2021  /  Employee Rights , NLRA , NLRB , Section 7 , Unions

New Mexico and Virginia Legalize Cannabis for Recreational Use

Following closely on the heels of both New York and New Jersey enacting recreational cannabis laws, New Mexico and Virginia have enacted their own laws allowing adults to use cannabis for recreational purposes. Virginia went...more

New York Passes Recreational Cannabis Law

Seyfarth Synopsis: New York has become the latest state to enact a law protecting the use of personal nonmedical cannabis for individuals age 21 and over. As one of the nation’s largest cannabis markets, New York will...more

Illinois Enacts Law Providing Enhanced Employment Protections to Individuals With Criminal Convictions

Seyfarth Synopsis: On March 23, 2021, Governor J.B. Pritzker signed into law SB 1480, which includes amendments to the Illinois Human Rights Act prohibiting employment discrimination based on an individual’s conviction...more

McFerran Dissent Portends a Change in NLRB’s View of Confidentiality Provisions in Arbitration Agreements

As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more

McFerran Dissent Portends a Change in NLRB’s View of Confidentiality Provisions in Arbitration Agreements

As the National Labor Relations Board transitions from a Republican-majority to a Democrat-majority, the Board’s sole Democrat, Chairman McFerran, continues to provide a window into what the future is likely to look like...more

California (Yet Again) Considers Legislation Regulating Employer Consideration of Marijuana Use

Marijuana remains a Schedule I drug under the federal Controlled Substances Act. However, more and more states and localities are either enacting marijuana laws with express employment protections or resolving court cases in...more

U.S. Office of Personnel Management Provides Guidance to Federal Agencies on Consideration of Marijuana Use in Hiring Decisions

Recognizing that state medical and recreational marijuana laws are sweeping the nation, and that a recent survey reflected that nearly half of surveyed American adults have used marijuana, the Acting Director of the U.S....more

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