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…
Articles Posted in Drug Testing
For real this time, the EEO-1 deadline is September 30, 2019. Seriously
Multiple reports (1, 2, 3), are confirming that District Judge Tanya S. Chutkan ruled yesterday that the deadline for filing your EEO-1 filing will be September 30, 2019. (For more on this EEO-1 circus, click here.) That’s it. That’s all I’ve got for you today. Well, unless you like HR-compliance…
NYC is going to ban pre-employment marijuana drug screening. How do you feel about that?
User:Jennifer Martin [CC BY-SA 4.0], via Wikimedia CommonsEarlier this week, the New York City Council approved this bill, which will make it unlawful for most NYC employers to require any job candidate to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as…
Another New Jersey court weighs in on MedMar accommodations…and it’s WILD!
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) The case is called Wild v. Carriage Funeral Holdings, Inc. So, yeah, it’s “Wild.” And so as not to bury the lede, the court concluded that the plaintiff, a medical marijuana user, could pursue discrimination claims under the New Jersey Law Against Discrimination (the LAD) against his employer. …
NJ is now THIS CLOSE to legalizing recreational marijuana. Here’s what that means for employers.
Evan-Amos [Public domain], via Wikimedia CommonsBig news yesterday from the Garden State. Governor Phil Murphy (D) announced that he had struck a deal with the leadership of both the state Senate and Assembly on to legalize recreational marijuana. From the press release, here are the broad details of the plan:…
Your employee uses medical marijuana. Her drug test is positive. But, how do you know if she was high at work?
Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) “Let’s see,” I said to myself. “I want to blog about this important, brand new medical marijuana employment law decision. This is a burgeoning area of the law, and this particular decision will enlighten my readers like few others I’ve written about.” “Yeah, but unless you…
Another court greenlights discrimination claims for a medical marijuana user fired for failing a drug test
By xrmap flag collection – Based on image from xrmap flag collection 2.7, colors from image at World Flag Database, Public Domain, Link In the United States, medical marijuana use is legal in 33 states and the District of Columbia. However, the laws governing the use of medical marijuana vary…
Does the ADA protect someone recovering from drug addiction? Yep.
Image Credit (Photo by: | VIRIN: 131224-F-IM476-001.JPG) I’m sorry, dudes. I totally meant to give you a blog post yesterday. I did. But, the night before, which is when I generally compose this drivel, I got distracted. I was preoccupied with a certain MLB playoff game. Specifically, it was the…
A federal court concluded that a federal contractor couldn’t fire a medical marijuana user
By Original uncropped image from Laurie Avocado (Cropped version of [1]) [CC BY 2.0 ], via Wikimedia CommonsI’ll wait patiently while you grab your pearls for clutching. Last Summer, I blogged here about how a Connecticut federal court concluded that the state’s compassionate use law, the Connecticut Palliative Use of Marijuana Act…
NJ federal court: Employers don’t have to excuse medical marijuana users from taking workplace drug tests
Photo by: | VIRIN: 110402-F-5068D-001.JPG (http://www.514amw.afrc.af.mil/News/Articles/Article/194292/random-drug-test-rates-rise-dramatically/) By any reasonable, objective measure, New Jersey was having a pretty good employee-rights run in 2018 — even by NJ standards. The Diane Allen Equal Pay Act, which took effect earlier this Summer, is the most employee-friendly equal-pay law in the country; In the Fall,…