Employers and Weed Crime Pardons: Background Checks Explained
In light of the Biden administration’s push to pardon people charged with federal offenses for simple marijuana possession, Nancy Delogu talks about how it would affect employers and...
View ArticleNew Calif. Laws Employers Should Have On Their Radar
Joy Rosenquist talks about some of the 30 new California laws she thinks are particularly significant for employers, including rules addressing pay transparency and off-duty cannabis use.Law360...
View ArticleOn the Ballot – Tip Credit, Marijuana, Union Membership, and More
UPDATED November 11, 2022: Known results of the ballot measures discussed in this Insight are indicated below.* * *In addition to the laws enacted by state and local legislatures, there are proposed...
View ArticleLegal questions persist as THC products spread in Minnesota
Grant Goerke talks about the challenges employers in Minnesota face with the state’s legal cannabis law.Minnesota LawyerView (Subscription required.)
View ArticleRecreational Marijuana in Missouri Is Coming Soon – What Employers Need to Know
On November 8, 2022, Missourians voted to legalize recreational marijuana, adopting “Amendment 3,” a proposal to amend the state Constitution. With this development, Missouri joins a growing number of...
View ArticleGrieving Youth in the Justice System: A Call for Help from the Legal Community
This Children’s Grief Awareness Day, attorneys should seek to understand the impacts of grieving youth in the juvenile justice system.By Michelle Gonzalez, Samantha Anthony, Kristine Grady Derewicz and...
View ArticleLittler World Cup Matchups Part 4: Drug and Alcohol Testing
Over the course of the World Cup, we have been publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. Parts One and Two of this...
View ArticleWhy are fewer local employers testing for marijuana?
Janell Ahnert explains why some employers are struggling with shifting their drug-testing policies in light of changing attitudes and laws surrounding marijuana in Alabama.Birmingham Business...
View ArticleCompanies Changing Drug Testing Policies?
Janell Ahnert talks about some of the challenges involved in navigating cultural and legal changes around cannabis. Fox 6 WBRCView
View ArticleAL employers grapple with changing laws and attitudes around cannabis
Janell Ahnert talks about some of the challenges involved in navigating cultural and legal changes around cannabis.Fox 6 WBRCView
View ArticleOntario, Canada: Occupational Health and Safety Act Amendments Requiring...
UPDATE: On December 12, 2022, Ontario published a Regulation regarding the Naloxone kit requirement.* * *
View ArticleOntario, Canada Publishes Regulation on Naloxone Kit Requirement
Udated December 15, 2022: On December 13, 2022, Ontario published this webpage, which provides important information about the amendments to the Occupational Health and Safety Act that require certain...
View ArticleImplementation of Connecticut’s Clean Slate Law Set to Begin January 1, 2023
Earlier this month, Governor Ned Lamont announced the long-awaited implementation of the state’s so-called “Clean Slate Act” – sort of. According to a recent press release, January 1, 2023 will see...
View ArticleNevada Supreme Court Allows Employees to Sue Employers for Failure to...
Resolving prior uncertainty as to whether Nevada law provides workplace protections to employees who use medical cannabis away from work, the Nevada Supreme Court has decided that NRS 678C.850(3), a...
View ArticleCT employers face host of new employment law challenges
Lori Alexander, Jason Stanevich and Paula Anthony talk about sweeping legislative changes in labor and employment law that will affect Connecticut employers and employees in 2023. (Subscription...
View ArticlePhilly workers can dispute their potential employer over marijuana testing....
Barbara Rittinger Rigo comments on Philadelphia’s new law that bans employers within city limits from testing for marijuana use during the hiring process.The Philadelphia InquirerView (Subscription...
View ArticleOnes to Watch: Legislation Landscape for 2023
As most state legislatures have been active during the first quarter of 2023, certain trends have started to emerge.
View ArticleDear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?
Dear Littler: We are a manufacturing company with facilities in multiple states. We have had a number of incidents when supervisors have suspected an employee was impaired while working due to...
View ArticleWashington, DC Legislative Roundup
The District of Columbia continues to implement broad employment initiatives, ranging from wage and hour laws to stricter civil penalties. The following is a rundown of key developments for employers...
View ArticleU.S. Department of Transportation Adopts Oral Fluid Testing for Regulated...
New DOT regulations cover oral fluids specimen testing for workplace drug and alcohol testing programs.The regulations affect drug and alcohol testing programs covering an estimated eight million...
View ArticleAs Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate...
UPDATE: While many provisions of Minnesota’s new cannabis law are effective August 1, 2023, it is ambiguous whether the employment-related provisions discussed in this article will go into effect on...
View ArticleWashington Amends Law to Protect Off-Duty Marijuana Use in 2024
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana....
View ArticleMore Post-Accident Drug Tests Coming Back Positive for Marijuana
Grant Goerke advises companies to train supervisors on how to recognize indicators of marijuana impairment and what to do in those situations to prevent injuries and accidents.SHRM OnlineView...
View ArticleFederal Court Holds That Employees Cannot File Private Lawsuits Against Their...
In a case of first impression, the U.S. District Court for the District of New Jersey found the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“the Act”)...
View ArticleJuly Is the New January: The Pace of New State Laws Heats Up
Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year. For the past...
View ArticleBosses’ New Task Is Figuring Out Who’s High at Work
As U.S. employees are increasingly using marijuana, Eric Mack talks about training employees at more than a dozen companies to spot the signs of drug-related impairment in the past two years.The Wall...
View ArticleLegal Weed Drives Companies to Relax Their Drug Testing Policies
Nancy Delogu says employers are changing policies and methods regarding marijuana testing in the workplace to accommodate new laws.Bloomberg LawView (Subscription required.)
View ArticleCalling all California Employers! The Latest Employment Laws from the Golden...
California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on...
View ArticleCalifornia Laws Come into Effect Regarding Off-Duty Marijuana Use
Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers’ ability to ask about prior cannabis use in the hiring...
View ArticleEmployment Law Update 2024: New Employment Laws for the New Year
The federal government, states, counties, and cities were active again this year passing workplace legislation intended for the most part to protect employees, creating new compliance obligations for...
View ArticleDear Littler: What are the substance use concerns of workplaces past,...
Dear Littler, I’m in charge of organizing our holiday party this year. To keep things civil, we’re limiting alcohol and reminding employees that although our state has legalized the recreational use of...
View ArticleWhat Californians can expect from AB 2188
Joy Rosenquist talks about California’s new cannabis law, which makes it unlawful for an employer to not hire, penalize or terminate a person because they use cannabis products outside of work, and...
View ArticleConnecticut Employers Can Terminate Employees Impaired by Medical Marijuana...
In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also...
View ArticleVirginia’s 2024 Legislative Session Sees Few Employment Bills Passed and...
The Virginia General Assembly and Governor Glenn Youngkin enacted several bills taking effect on July 1, 2024, to (1) clarify the scope and administrative requirements of the Virginia Human Rights Act,...
View ArticleMore Changes to Minnesota’s Employment Laws are Imminent
Minnesota enacted an omnibus bill that includes a host of new labor and employment law changes.Provisions of the bill address pay transparency, earned sick and safe time and paid family leave,...
View ArticleWhat Effect Might the Rescheduling of Marijuana Have on Employers?
Nancy Delogu discusses the policy implications and modifications employers may have to make if marijuana is rescheduled from a controlled substance to a less dangerous drug, as proposed by the Biden...
View ArticleTHC Product Variety Muddles Drug Compliance Path for Employers
Nancy Delogu says employers may need to consider having a medical expert consult on whether the employee in fact used whatever drug was detected legally before taking an adverse employment...
View ArticleEmployer Zero-Tolerance Marijuana Policy Justified Termination, Federal...
A recent federal court decision agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.Off-the-job marijuana use can trigger employee discipline so long as it is...
View ArticleEmployer Zero-Tolerance Marijuana Policy Justified Termination, Federal...
Grant Goerke and Jennifer Chierek Znosko discuss a recent federal court decision that agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.Westlaw TodayView...
View ArticlePittsburgh Ordinance Bans Tests for Many Prospective and Current Employees...
On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance...
View ArticleMicrodosing Psilocybin: Popular Drug Has Implications for the Workplace
This Insight discusses what psilocybin is, how it is used, and various state and local laws that either decriminalize and/or legalize its use, or make the enforcement of its illegality a low...
View ArticlePittsburgh Bans Tests for Many Prospective and Current Employees Who Use...
Taylor N. Brailey and Nancy N. Delogu discuss a new Pittsburgh ordinance prohibiting employment discrimination against an individual’s status as a medical marijuana patient.SHRMView (Subscription...
View ArticlePsychedelics and Marijuana on the Ballot: How Should Employers Prepare for...
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...
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