News & Analysis as of April 2, 2025

Recreational Use

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employer Zero-Tolerance Marijuana Policy Justified Termination, Federal District Court Agrees

Littler on 9/20/2024

Zero-tolerance marijuana policies are not unlawful in Illinois, a federal district court has determined, providing greater clarity for employers. In late 2019, Illinois amended its marijuana law, the Cannabis Regulation and...more

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on 9/3/2024

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

Akerman LLP - HR Defense on 12/19/2023

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently...more

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

Ervin Cohen & Jessup LLP on 11/17/2023

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

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Roetzel & Andress on 11/9/2023

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

Employer Drug-Testing Policies Must Evolve With State Law

Troutman Pepper Locke on 10/24/2023

While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more

2023 Mid-Year Labor and Employment Update

Coblentz Patch Duffy & Bass on 8/15/2023

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring...more

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

Seyfarth Shaw LLP on 6/6/2023

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

California Protects Employees Who Use Recreational Cannabis and Limits Drug Tests

McGuireWoods LLP on 6/6/2023

Effective Jan. 1, 2024, California law will restrict employers from using traditional drug tests to test for cannabis use. California Gov. Gavin Newsom signed the law on Sept. 18, 2022, prohibiting employers from...more

5-Step Plan for Employers as Missouri Legalizes Marijuana

Fisher Phillips on 11/11/2022

When Missouri voters approved Amendment 3 this Election Day to legalize personal use of marijuana by adults 21 and older, employers were sure to have questions. Besides legalizing the recreational use of marijuana (also...more

Nevada Supreme Court Holds Recreational Cannabis is Not a “Lawful” Off-Duty Product

Seyfarth Shaw LLP on 9/30/2022

In the last two years, more jurisdictions have passed laws providing employment protections to applicants and employees using cannabis on their free time, including in New York, Washington, DC, and California. Recently,...more

Weed in the Workplace: D.C. City Council Approves Bill Restricting Employer Cannabis Testing

Foley & Lardner LLP on 6/14/2022

Washington, D.C. is poised to join a growing number of state and local jurisdictions that restrict employers from testing employees for cannabis use as a condition of employment. On Tuesday, June 7, the D.C. City Council...more

New Year Brings New Laws for New York Employers: 2021 Recap and 2022 Preview

Fisher Phillips on 12/29/2021

Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now...more

New Laws Affecting Employers Go Into Effect October 1 – Are You Ready?

Pullman & Comley - Labor, Employment and... on 9/29/2021

During the last legislative session, several new laws were passed that affect employers. A few of them go into effect on Friday, October 1, 2021. If you have not started preparing for them, now is the time....more

Williams Mullen Manufacturing Edge Video Series - Episode 1

Williams Mullen on 9/28/2021

In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Now They Are Finally Finished: Developments from the 2021 Regular and Special Sessions of The Connecticut General Assembly...

Pullman & Comley - Labor, Employment and... on 7/23/2021

The 2021 Regular Session of the Connecticut General Assembly concluded on June 9, 2021, and this office provided a summary of relevant employment related legislation. Subsequently, a “Special Session” took place and...more

What Employers Need To Know As Connecticut Legalizes Recreational Marijuana

Fox Rothschild LLP on 6/29/2021

Connecticut Governor Andrew Ned Lamont signed into law on June 22, 2021 An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (the Act), which essentially legalized the recreational use of marijuana in...more

7 Takeaways for Employers as Connecticut Passes Recreational Marijuana Bill

Fisher Phillips on 6/23/2021

The Connecticut Senate just voted to approve a bill legalizing recreational cannabis use, and since Governor Ned Lamont has stated he will sign the bill, Connecticut will soon become the nineteenth state to legalize adult-use...more

Virginia’s Recreational Marijuana Legislation and New Employee Medicinal Use Protections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/25/2021

On April 21, 2021, Virginia Governor Ralph Northam signed into law House Bill No. 2312 and Senate Bill No. 1406, moving the date of recreational marijuana legalization in Virginia up to July 1, 2021. The legalization...more

Into The Weeds: A Q&A For NY Employers About Marijuana Legalization

Fox Rothschild LLP on 4/20/2021

For New York employers, the new state law that legalizes cannabis also modifies the New York Labor Law (NYLL) to impose restrictions on employers and add protections for employees concerning the recreational use of...more

Edible Bites Episode 5: Weed at Work: Employment Law Trends

McGuireWoods LLP on 4/13/2021

In episode five of McGuireWoods’ Edible Bites video series, topics of discussion center on employment law trends, how different state laws for medical and recreational cannabis impact employees, and how organizations should...more

U.S. Office of Personnel Management Provides Guidance to Federal Agencies on Consideration of Marijuana Use in Hiring Decisions

Seyfarth Shaw LLP on 3/10/2021

Recognizing that state medical and recreational marijuana laws are sweeping the nation, and that a recent survey reflected that nearly half of surveyed American adults have used marijuana, the Acting Director of the U.S....more

Getting Into the Weeds: What the Legalization of Recreational Cannabis Means for New Jersey Employers

Faegre Drinker Biddle & Reath LLP on 3/10/2021

New Jersey recently joined a growing number of states and territories — including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and...more

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on 3/2/2021

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions...

Littler on 12/22/2020

On the heels of New Jersey voters ratifying an amendment to the state’s constitution to permit the recreational use of marijuana, the New Jersey Legislature on December 17, 2020 passed the New Jersey Cannabis Regulatory,...more

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