Employer Liability for Marijuana Termination

Although it is still very much a developing body of law, employers must be especially cautious in the actions they take against employees who may be legally using marijuana for medical purposes. In the first state or federal decision in Pennsylvania, the Court of Common Pleas in Scranton allowed a lawsuit to proceed against the…

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Approaching Deadlines: An Eye on the Calendar

As we’ve tried to do over the past several months, now seems a good time to advise you of state law changes that will be taking effect within a few weeks, on or around the first of November. Those of you who live or have business interests in Missouri, New York, Oklahoma and Virginia might…

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More State Law Changes Coming

It seems timely for us again to advise of a number of new laws and changes to existing laws that will be taking effect within the next few weeks. In that vein, we advise owners with interests in the following states read on: Alabama, Maine, Nebraska, Oklahoma and Texas. As to the changes, The Oklahoma…

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Employment Law Traps Abound

Whether the NLRB remains in business or not, the plethora of traps that unwitting small businessmen and women can find themselves caught in shows no signs of shrinking. Here are a couple of issues to ponder. Under recent court rulings in both Connecticut and Massachusetts, employers may be sued for not making a reasonable accommodation…

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Medical Marijuana Use in O-high-O

Earlier this summer, Ohio Governor John Kasich signed a medical marijuana bill into law, but unlike some other states, it provides significant protection for Ohio employers.  The law, which goes into effect on September 8, 2016, will permit eligible individuals (with specific health conditions) to receive authorization from their healthcare provider to use certain forms…

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New Mexico Upholds Employee Firing for Marijuana

As more states authorize the use of marijuana for medical purposes, the body of law establishing parameters to govern its use becomes more important and far-reaching.  In a recent decision, the termination of an employee in New Mexico who legally used marijuana for a medical condition was upheld by the court.  Notwithstanding that the employee…

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Employers Prevail in Medical Marijuana Case

Recently, the Colorado Supreme Court unanimously held that employers are still allowed to prohibit employee marijuana use and terminate employees who test positive for cannabis despite state law permitting its recreational and medicinal use. In Coats v Dish Network, the Court issued an employer-friendly opinion that could have wide-ranging implications for employers around the country.…

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