News & Analysis as of

Cannabis Products Workplace Injury

Marshall Dennehey

Commonwealth Court Holds That an Employer’s Failure to Reimburse a Claimant for Out-of-pocket Payments for CBD Oil is in Violation...

Marshall Dennehey on

Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey - In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a...more

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

Cranfill Sumner LLP

Pour Decisions: The Intoxication Defense

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What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more

Cole Schotz

Cannabis Testing in the New Jersey Workplace Just Got a Little Less Hazy

Cole Schotz on

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (“CRC”) issued interim guidance (the “Guidance”) for employers regarding the employment protections passed for cannabis users last year pursuant to the New...more

Bradley Arant Boult Cummings LLP

What the Court’s Treatment of Roe and a Workers’ Compensation Case Reveal about President Biden’s Approach to Cannabis

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute

In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions against...more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Seyfarth Shaw LLP

National Safety Council Endorses Zero Tolerance Prohibition on Cannabis/Marijuana for Safety-Sensitive Employees

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Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis...more

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