Jeoy Pena / CC BY-SA Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of…
(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner) Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it. Before I detail this new guidance, I’ve got some other big EEOC news! That is, several of my friends from…
tEvan-Amos / Public domain But, first, thank you to everyone who stopped by yesterday for the Facebook Live / Zoom chat to discuss the Families First Coronavirus Response Act and other COVID-19 workplace issues. ICYMI, we did record the session. I’ve got audio here and my handsome talking mug here.…
Image by CMElixirs from Pixabay With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. For the first time, a state or federal court in Pennsylvania has decided…
Image by CMElixirs from Pixabay If you’ve got workplace drug testing for marijuana all figured out, you can skip today’s post. As for the rest of you… There is a new article from Tammy Lytle in the Fall 2019 Issue of HR Magazine called “Marijuana and the Workplace: It’s Complicated.”…
Image Credit: Pixabay.com This definitely caught me flat-footed. An implied duty to accommodate? I think not. Pennsylvania’s medical marijuana law specifically states that no employer must “make any accommodation of the use of medical marijuana on the property or premises of any place of employment.” But the law is silent…
Image by CMElixirs from Pixabay *Just about everything; enough to fill a 90-minute presentation that I’m giving tomorrow. Yes, I’ll be presenting “Medical Marijuana: What’s the Buzz?” in at the U.S. Equal Employment Opportunity Commission’s (EEOC) 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference in Atlanta, GA. EXCEL…
Neeta Lind [CC BY 2.0], via Wikimedia CommonsLast week, Governor Phil Murphy signed the Jake Honig Compassionate Use Medical Cannabis Act, which overhauls New Jersey’s Medicinal Marijuana Program (MMP) and its original Compassionate Use of Medical Marijuana Act (CUMMA). Here are five things that local employers need to know about…
By Darwinek – self-made using Image:Flag of Nevada.svg and Image:USA Nevada location map.svg, CC BY-SA 3.0, Link Alabama. Oh, wait. I meant Nevada. Details, Eric. Details! On June 5, Nevada Governor Steve Sisolak (D) signed Assembly Bill No. 132 into law, which makes it “unlawful for any employer in [Nevada]…
Image by Steve Buissinne from Pixabay Last week, I participated on a panel on which a few of us employment lawyers discussed the pitfalls and best practices for dealing with issues related to employee opioid and marijuana use in the workplace. Now, did we cover everything that companies want to…