Searching Content indexed under Employment and HR by Dale Deitchler ordered by Published Date Descending.
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Nevada Applicants And New Employees With Positive Marijuana Test Results Will Receive Legal Protections
Beginning January 1, 2020, new legislation in Nevada will require employers to think carefully about whether and which applicants should be tested for marijuana
United States
5 Jul 2019
Illinois Poised To Protect Marijuana Users From Adverse Employment Actions As Part Of Marijuana Legalization Legislation
On June 4, 2019, the Illinois legislature passed the Cannabis Regulation and Tax Act (the "Act") (HB 1438). The Act, notwithstanding federal law, declares marijuana a "lawful product" for state law
United States
3 Jul 2019
Pre-Employment Marijuana Drug Testing Goes Up In Smoke In NYC
Significantly, the law would not prohibit employer drug-testing programs that test existing employees for marijuana.
United States
29 Apr 2019
In Oklahoma, Medical Use Of Marijuana Is OK, But Employers Now Have Enhanced Rights To Act
On March 12, 2019, Oklahoma Governor Stitt signed into law the Oklahoma Medical Marijuana Use and Patient Protection Act.
United States
2 Apr 2019
Delaware Court Holds Federal Law Does Not Preempt Employee Protections Under State Medical Marijuana Law
The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users.
United States
18 Jan 2019
About Face: OSHA Clarifies That Safety-Incentive Programs And Post-Incident Drug/Alcohol Testing ARE Permissible
On October 11, 2018, in an about-face on prior guidance, the OSHA issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident drug/alcohol testing.
United States
23 Oct 2018
Connecticut Continues To Extend Protections To Employees Under State Medical Marijuana Law, Rejects Federal Preemption Defense
A Connecticut federal court has issued another decision in the case of Noffsinger v. SSC Niantic Operating Company LLC, further expanding protections to individuals who are qualified under Connecticut's PUMA to use marijuana.
United States
13 Sep 2018
Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants
On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products...
United States
31 Jan 2018
DOT Tackles The Opioid Crisis: Agency Issues Guidance On Regulations Adding Semi-Synthetic Opioids To Testing Panel
Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation's drug-testing regulations will face new and broader testing obligations based on...
United States
28 Dec 2017
In The First Case Of Its Kind, Court Rules Federal Law Does Not Trump Employee Protections Under State Medical Marijuana Law
The decision is also the first to imply a private cause of action under PUMA's employment anti-discrimination provisions.
United States
21 Aug 2017
Tennessee Employers Subject To New Obligations To Report Healthcare Practitioners Confirmed Drug (But Not Alcohol) Tests And Test Refusals
A new Tennessee law, effective July 1, 2017, imposes new reporting requirements on healthcare practitioner1 (HCP) employers.
United States
21 Jul 2017
Maine Delays Effective Date Of Anti-Discrimination Provisions Of Recreational Marijuana Law
The Act also legalized the purchase of marijuana or marijuana seedlings or plants from retail marijuana stores and cultivation facilities.
United States
24 Mar 2017
DOT Creates CDL Drug And Alcohol Clearinghouse, Imposing Employer Reporting And Query Obligations
On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new "Commercial Driver's License Drug and Alcohol Clearinghouse."
United States
9 Dec 2016
OSHA's New Electronic Accident Reporting Rule Seeks To Dramatically Impair Post-Accident Drug And Alcohol Testing
Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents...
United States
19 May 2016
Eighth Circuit Rules Minnesota's Drug And Alcohol Testing In The Workplace Act Has Multi-State Reach
While living in Minnesota, the plaintiff job applicant was recruited by a Push representative and eventually offered a job in West Virginia, which he accepted.
United States
9 Mar 2016
Colorado Supreme Court Upholds Termination Of Employee For Medical Marijuana Use
On June 15, the Colorado Supreme Court provided good news to Colorado employers that prohibit employee marijuana use.
United States
16 Jun 2015
Georgia Becomes 26th Jurisdiction To Decriminalize Medical Marijuana
With the enactment of "Haleigh’s Hope Act" on Thursday, April 16, 2015, Georgia became the 26th jurisdiction to decriminalize medical marijuana use.
United States
18 Apr 2015
Solicitation And Distribution Rules And Their Enforcement Under Attack: NLRB Continues To Narrow Employer Limitations On Workplace Communications
The National Labor Relations Act’s limitations on employer no-solicitation/no-distribution policies have been established for decades, right?
United States
15 Dec 2014
Right To Union Representation Applies To Employer Referrals For Drug And Alcohol Tests, NLRB Rules
The NLRB ruled that so-called "Weingarten rights" apply when employees request representation after an employer refers them for a workplace drug and alcohol test.
United States
4 Sep 2014
Right To Union Representation Applies To Employer Referrals For Drug/Alcohol Tests NLRB Rules
The NLRB ruled that so-called "Weingarten rights" apply when employees request representation after an employer refers them for a workplace drug/alcohol test.
United States
6 Aug 2014
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