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Cannabis Products Employee Rights Employer Liability Issues

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

ArentFox Schiff

District of Columbia Employers Take Notice: City’s Cannabis Employment Protections Amendments Act Takes Effect

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Signed into law on July 13, 2022, the District of Columbia Cannabis Employment Protections Act, provides major new workplace protections for marijuana users. Under the Act, which went into effect on July 1, covered...more

Seyfarth Shaw LLP

Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

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On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

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With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

Cranfill Sumner LLP

CBD Oil & Its Implication on Drug Policies in the Workplace – 2023 Update

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Since our last update on CBD Oil and its implication in the workplace, there have been a few updates in the cannabis world and what it means for North Carolina....more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

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Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

FordHarrison

Cannabis Legalization and its Impact on the Transportation Industry

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Trends in Cannabis Legalization - While employers in the transportation industry are acutely aware of the effects COVID-19 has imposed over the last 18 months, another phenomenon has been making itself known: the...more

Seyfarth Shaw LLP

Pennsylvania’s Medical Marijuana Act at Issue in Recently Filed Complaint

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In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more

Seyfarth Shaw LLP

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users

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On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more

Littler

Illinois Legislature Amends Marijuana Law, Bringing Clarity, Relief to Employers with Workplace Drug-Testing Programs

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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

Seyfarth Shaw LLP

Illinois General Assembly Passes Amendments to Recreational Cannabis Law Reducing Some Employer Liabilities

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The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not eliminate employer liabilities. ...more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

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As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Williams Mullen

[Event] How to Protect Your Bottom Line by Implementing an HR Strategy for the 2020 Workforce - December 5th, Virginia Beach, VA

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A five-part seminar series that will provide Hampton Roads businesses with ideas on how they can be more profitable and reduce risk in 2020. This presentation will include a discussion on strategic actions and decisions...more

Rumberger | Kirk

Medical Marijuana in the Workplace: What's Next?

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In 2016, Florida voters soundly passed Amendment 2, Florida’s medical marijuana law, with over 71% of the vote. Since then, two bills have been passed implementing the law, there was one high-profile lawsuit targeting the...more

FordHarrison

Recent Progression in the Legalization of Marijuana has left Employers Dazed and Confused

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In the last year, a record number of states have amended or enacted laws which regulate marijuana testing, accommodations, and use. Among these states, at least two states have specifically banned pre-employment testing of...more

Littler

New Jersey Medical Marijuana Amendments Expand Employment Protections

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New Jersey has expanded its medical marijuana program and—for the first time since the state enacted the law—adopted formal protections for employees and job applicants who use what is now called “medical cannabis.” ...more

McNees Wallace & Nurick LLC

New Jersey Expands its Medical Cannabis Act to Include Workplace Protections

Prior to July 2nd, New Jersey’s Medical Cannabis Act lacked protections for employees’ off-duty medical marijuana use.  Indeed, last year the U.S. District Court for the District of New Jersey held that nothing in the Medical...more

McNees Wallace & Nurick LLC

And the “Hits” Just Keep on Coming . . . Updates in the World of Medical Marijuana and the Workplace

What’s new in the world of medical marijuana, as it impacts your workplace? Quite a bit, actually. Here is the rundown. PA Medical Marijuana Act – Anxiety and Tourette’s Syndrome Added to List of Serious Medical...more

Seyfarth Shaw LLP

New Jersey Governor Clears the Medical Cannabis Haze

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Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more

Lowndes

Growing Cannabis Laws: What’s an Employer to Do?

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As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

FordHarrison

Van from TV's Atlanta Helps Us Explore Drug Testing in the Workplace

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Before Donald Glover (aka Childish Gambino) was singing duets with Beyonce, he was the brains behind TV’s Atlanta, a comedy-drama filmed and based in Atlanta, Georgia. Atlanta chronicles the efforts of Earnest “Earn” Marks...more

Seyfarth Shaw LLP

High Times Continue – Illinois Enacts Recreational Cannabis Law

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Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more

Littler

Nevada Applicants and New Employees with Positive Marijuana Test Results Will Receive Legal Protections

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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

Littler

Illinois Poised to Protect Marijuana Users from Adverse Employment Actions as Part of Marijuana Legalization Legislation

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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

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