On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued guidance in the form of Frequently Asked Questions (“FAQs” or the “Guidance”) to assist employers in navigating the Marijuana Regulation and Taxation Act (“MRTA” or the “Act”) and in understanding what they can and cannot do. As we previously reported, the MTRA, enacted on March 31, 2021, legalized recreational cannabis in the State. Of particular importance to employers, the Act amended New York Labor Law Section 201-D (“Section 201-D”) to create new legal protections for ...
As we wrote in our last Marijuana Legalization Rundown, state legislatures across the country have been busy enacting cannabis legalization laws this year. Along with those laws has come a number of recent court decisions interpreting the application of cannabis legalization laws. This post summarizes some of the significant decisions issued this year.
On April 28, 2021, the U.S. District Court for the Central District of California granted summary judgment to the defendant employer on claims brought under the Fair Employment and Housing Act ...
There has been a recent flurry of movement – both in the courts and in state legislatures – on the marijuana law front across several states. As we previously reported, on February 22, 2021, New Jersey Governor Phil Murphy signed three separate cannabis reform bills into law (NJ A21, NJ A 1897, and NJ A5342/NJ S3454), formally legalizing the use and possession of recreational marijuana in the Garden State. The new laws contain express workplace-related provisions that impact New Jersey employers by establishing non-discrimination rules for recreational cannabis users or ...
On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Cannabis Act”) (NJ A21), which legalizes the recreational use and possession of cannabis or cannabis products (collectively “cannabis items”) for adults; (2) a decriminalization law (NJ A1897), which legalizes the possession of up to six ounces of cannabis and provides for ...
As featured in #WorkforceWednesday: Voters in Arizona, Montana, New Jersey, and South Dakota approved adult recreational marijuana use. Mississippi and South Dakota also legalized medicinal marijuana. Employers should review workplace drug and testing policies and be aware they may also need to provide reasonable accommodations for medical marijuana users going forward. Read more.
Take a deep breath. Now exhale. While the country awaits the results of the presidential race and many others that are still too close to call, the 2020 election made one thing clear: the march toward 50-state legalization of marijuana (and now perhaps other drugs) continues. On Tuesday, voters in five states decided to legalize recreational or medical marijuana, while Oregon voted to decriminalize most hard drugs, including heroin and cocaine. We summarize each ballot initiative and its outcome below.
Ballot Summary: Although a similar initiative was narrowly defeated at ...
Although cannabis (marijuana) remains an illegal substance under federal law, companies in the cannabis industry are not exempt from complying with federal laws in general. A recent flurry of complaints filed in federal courts and with federal administrative agencies have highlighted the obligation of companies in the cannabis industry to comply with Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in Employment Act of 1967 (the “ADEA”), and the Americans with Disabilities Act (the “ADA”). These employers must also remain compliant ...
On March 10, 2020 the New Jersey Supreme Court ruled that under the New Jersey Law Against Discrimination (“LAD”), employees who legally use cannabis as permitted by the state’s Compassionate Use of Cannabis of Medical Marijuana Act[i] (“Compassionate Use Act”) may not be fired because they use medical cannabis and that such employees are entitled to reasonable accommodation. In a brief opinion, the Court substantially adopted the Appellate Division’s reasoning in Wild v. Carriage House Funeral Holdings, Inc., about which we previously wrote.
Wild was employed by ...
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in August 2019.
This episode includes:
- Increased Employee Protections for Cannabis Users
- First Opinion Letters Released Under New Wage and Hour Leadership
- New Jersey and Illinois Enact Salary History Inquiry Bans
- Deadline for New York State Anti-Harassment Training Approaches
- Tip of the Week
See below to watch the full episode – click here for story details and video.
We invite you to view Employment Law This Week® – tracking the latest developments that could ...
Following is an excerpt:
In Wild, which we discussed in a recent client alert, plaintiff Justin Wild (“Wild”) alleged that his employer, Carriage Funeral Holdings (“Carriage ...
Following is an excerpt:
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