News & Analysis as of

Employment Policies Employer Liability Issues Hemp

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

McGlinchey Stafford

The End of Zero-Tolerance Drug Policies

McGlinchey Stafford on

Zero-tolerance drug policies in the workplace are an endangered species. Traditional drug laws and policies as they relate to the workplace are being upended, and employers are increasingly struggling to grapple with the...more

Bradley Arant Boult Cummings LLP

Because I Got High: Settlement Reached in Terminated Hemp User’s Disability Bias Suit

When can you rely on a positive drug test to terminate an employee? If the employee suggests a reason for a false positive, like hemp use, can you still side with the drug test? The Sixth Circuit’s decision in Fisher v....more

Winthrop & Weinstine, P.A.

Minnesota Employers and Recreational Marijuana: Answers to Frequently Asked Questions Regarding Cannabis Legalization in Minnesota

The Minnesota Legislature has passed legislation legalizing adult recreational cannabis use. The bill has been approved by both the House and Senate, and has been sent to the Governor’s desk for approval. This is a mere...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

Seyfarth Shaw LLP

Weed at Work: Should Employers Expand “Alcohol at Work” to Cover Recreational Cannabis?

Seyfarth Shaw LLP on

Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. ...more

FordHarrison

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

FordHarrison on

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

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

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

FordHarrison on

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

The Stoned Age: What the CBD Craze Means for Employers and Their Substance Abuse Policies

Seyfarth Shaw LLP on

Seyfarth Synopsis: The federal Drug Enforcement Agency (DEA) recently announced that drugs that include CBD (cannabidiol) with less than 0.1% of THC (tetrahydrocannabinols) are now considered Schedule V drugs provided they...more

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