Effective January 1, 2020, Nevada became the first state to ban employers from refusing to hire job applicants for testing positive for cannabis use. Governor Steve Sisolak signed Assembly Bill
Continue Reading Nevada Law Prohibiting Denial of Employment Based on Failed Cannabis Test Leaves Unanswered Questions
In a case of first impression, the New Jersey Appellate Division determined that employers in the state must reimburse employees for medical cannabis following a workplace accident, despite federal prohibitions
Continue Reading New Jersey Court Commands Cannabis Reimbursement in Workers’ Compensation Dispute
The legalization of cannabis in several states had left a major question unanswered: is an employee who violates the federal Controlled Substances Act (“CSA”) by distributing cannabis as part of his or her job still subject to the federal Fair Labor Standards Act (“FLSA”), which provides for the payment of wages?
Continue Reading Tenth Circuit Holds the Controlled Substance Act Is Not At Odds With the Fair Labor Standards Act
On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby, strengthening already union-friendly statewide cannabis law.
Continue Reading AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional
On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights Law will be amended to make it a discriminatory practice to require pre-employment marijuana testing of employees in New York City.
Continue Reading New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants
The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in light of legalization.
Continue Reading It’s High Time to Update Your Marijuana Policies
*This article originally appeared in National Defense Magazine on January 30, 2018.
For federal contractors required to provide drug-free workplaces, the national trend toward legalization of marijuana will be a critical issue that will require attention in the coming years.
Continue Reading Marijuana Laws Muddy the Waters for Contractors