News & Analysis as of

Drug Testing Cannabis Products State Labor Laws

Littler

Psychedelics and Marijuana on the Ballot: How Should Employers Prepare for Potential Legalization?

Littler on

Voters in several states will decide whether marijuana or, in one case, psychedelic substances should be legal in the upcoming November 5, 2024 general election. Employers should keep their eyes on these ballot measures and...more

Poyner Spruill LLP

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

Poyner Spruill LLP on

North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these...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

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Ervin Cohen & Jessup LLP

California Enacts Further Protections for Marijuana-Using Workers and Job Applicants

Ervin Cohen & Jessup LLP on

Passed in 2022 and effective January 1, 2024, Assembly Bill 2188 creates Government Code section 12954 to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s New Employment Laws for 2024: A Roundup of New Laws

Governor Newsom recently signed into law numerous bills that will affect California employers come January 1, 2024. Here is a quick overview of some of the new law that are relevant for employers....more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Littler on

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

Bond Schoeneck & King PLLC

Recreational Marijuana Use in the Workplace: An Update

Overview - In March of 2021, New York passed the Marijuana Regulation and Taxation Act (MRTA), which legalized the recreational use of cannabis for individuals over the age of 21....more

Venable LLP

Up in Smoke: AB 2188 Outlaws Discrimination in Employment in California Based on Employees’ Off-Duty Cannabis Use (But It Doesn’t...

Venable LLP on

​​​​​​​On September 18, 2022, Governor Gavin Newsom signed into law Assembly Bill 2188, aimed at preventing employers from penalizing workers for using marijuana during their off-work hours if such use does not impair them at...more

Payne & Fears

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

Payne & Fears on

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

Stokes Wagner

Protecting Cannabis Users - Don’t let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your...

Stokes Wagner on

California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices....more

Weintraub Tobin

New Cannabis Discrimination Protections Coming to a California Workplace in 2024

Weintraub Tobin on

On September 18, 2022, the Governor approved AB 2188, which amends the California Fair Employment and Housing Act (FEHA), California’s employment antidiscrimination law....more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

Mintz - Employment Viewpoints

NYSDOL Issues Guidance Regarding Employee Use of Cannabis

The New York State Department of Labor (NYSDOL) has published guidance regarding employee cannabis use. We previously reported on the amendments to New York’s off-duty conduct law—New York Labor Law Section 201-D—which now...more

Harris Beach PLLC

NYSDOL Issues Guidance Regarding the Legalization of Cannabis and the Workplace

Harris Beach PLLC on

On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued “Frequently Asked Questions” (“FAQs”) to address common situations and questions relating to the legalization of adult-use cannabis and its effect...more

Jackson Lewis P.C.

New York Employers: Engage In The Interactive Dialogue With Medical Marijuana Users

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A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision....more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

Seyfarth Shaw LLP on

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

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

Seyfarth Shaw LLP on

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

Littler on

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

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

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

FordHarrison

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

FordHarrison on

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

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

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