Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical...more
6/10/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Compassionate Use Act ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Hemp ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The Colorado Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history on an initial employment application....more
Seyfarth Synopsis: New Mexico has enacted new legislation which will bring the growing “Ban the Box” to private employers within the state this summer....more
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor...more
4/18/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more
9/14/2018
/ Anti-Discrimination Policies ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
Seyfarth Synopsis: After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not...more
8/28/2018
/ Appeals ,
Background Checks ,
CA Supreme Court ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Credit Reports ,
Employer Liability Issues ,
Employment Litigation ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Reversal ,
State Labor Laws ,
Summary Judgment ,
Vagueness
It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more
6/20/2018
/ Americans with Disabilities Act (ADA) ,
California Family Rights Act (CFRA) ,
Disability ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employer Liability Issues ,
Employment Policies ,
Labor Code ,
Leave of Absence ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
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
Seyfarth Synopsis: Effective October 13, 2018, Massachusetts employers will no longer be permitted to inquire about certain misdemeanor convictions and sealed or expunged records for employment purposes. ...more
Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. ...more
4/26/2018
/ Ban the Box ,
Conditional Job Offers ,
Credit Reports ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Michigan Governor Rick Snyder recently signed a bill that will prohibit counties and cities from enacting “ban-the-box” ordinances or other restrictions on the ability of private employers to inquire about...more
4/26/2018
/ Amended Legislation ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Private Sector ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: The Washington Governor has just signed a new law prohibiting employers from inquiring about an applicant’s criminal history before the applicant is deemed “otherwise qualified” for the position sought. ...more
3/14/2018
/ Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
State and Local Government ,
State Labor Laws
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
Seyfarth Synopsis: The Spokane City Council recently approved a “ban-the-box” ordinance, which, if it becomes law, will prohibit employers from requesting and considering criminal history until after an interview. The Mayor...more