New York City to Limit Prehire Marijuana Testing in May 2020
June 17, 2019
Effective May 10, 2020, the New York City Human Rights law will prohibit employers from requiring prospective employees to undergo marijuana testing as a condition of employment, absent a specific exemption.
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Illinois’s Recreational Marijuana Law May Affect Employers in Illinois and Other States
June 10, 2019
On May 31, 2019, Illinois legislatures passed a bill making recreational marijuana legal in the state.
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Illinois’s New Cannabis Law May Leave Employers in a Smoky Daze
June 5, 2019
Amid the flurry of activity late in the legislative term in Springfield, the General Assembly passed the Cannabis Regulation and Tax Act, making possession and consumption of cannabis legal in Illinois.
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Another State Finds No Federal Preemption of Its Medical Marijuana Law
February 7, 2019
Employer obligations to consider the use of medical marijuana as a reasonable accommodation just got murkier with a new case out of Delaware, Chance v. Kraft Heinz Foods Co., decided in December 2018.
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Update on Legalization of Medical Marijuana in Missouri
January 2, 2019
On November 6, 2018, Missouri voters overwhelmingly approved a constitutional amendment (“Amendment 2”) to legalize medical marijuana.
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Massachusetts: Employers’ Rights Under Recreational Marijuana Law May Soon Go up in Smoke
December 27, 2018
The burning question for most employers was whether they could fire or otherwise discipline employees who legally use recreational marijuana.
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Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
December 5, 2018
The U.S. Court of Appeals for the Ninth Circuit has a reputation as an employee-friendly forum.  Yet that Court recently rendered a decision that employers should applaud.
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Massachusetts - Is Your Workplace Ready for Retail Marijuana?
November 19, 2018
The Massachusetts Cannabis Control Commission recently announced that two retail marijuana shops have been approved for retail sales and can open as soon as Tuesday, November 20.
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High Times in the Mitten State
November 9, 2018
On November 6, Michigan voters approved Proposal 1, a ballot initiative providing for the legalization of recreational marijuana.
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Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug
October 10, 2018
There is an ongoing tension between state laws decriminalizing or legalizing marijuana for medicinal purposes and federal law, under which marijuana is still classified as an illegal Schedule I Controlled Dangerous Substance.
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Wellness Programs: Is Financial-Use Marijuana A Thing?
September 24, 2018
Today’s (fictional) mailbag letter comes from Jay Blunt, the owner of a local publishing company.  Jay asks us to help him evaluate an employee’s request that he be permitted to use marijuana (CBD specifically) without penalty under the drug and alcohol policy so that he can quit tobacco and qualify for the financial benefit in the company’s wellness program.
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The Smoke Hasn’t Cleared: What’s the Workplace Impact of the FDA’s Approval of a Marijuana Based Drug?
July 13, 2018
The FDA recently approved Epidiolex (cannabidiol), which contains a marijuana-derived drug substance, for the treatment of two rare forms of epilepsy.  Does this mean that the federal government is saying that people can now begin using a marijuana-based drug treatment – including employees in the workplace?
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Tweets Follow

Jan 23

New @SHRM Court Report: Worker Who Left to Evaluate Spouse’s Condition Loses FMLA Claim

Jan 23

The Devil is in the Details: Meeting the Criteria for an H-1B Visa Continues to Become More Difficult

Jan 16

New @SHRM Court Report: Follow OSH Act When Evaluating Respiratory Hazards