Showing Posts In "Drug and Alcohol Screening" Category

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The 2019 Honig Act Means New Obligations for New Jersey Employers Around Cannabis at Work

In July 2019, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act, replacing the existing Compassionate Use of Medical Marijuana Act (CUMMA). The previous Act contained language that stated that “Nothing in [CUMMA] shall be construed to require … an employer to accommodate the medical use of marijuana […]

Florida Medical Marijuana Users May Soon Become Protected Class Under State Employment

Although more than 300,000 Floridians have become medical marijuana users under the protection of the state’s laws, employers with operations in Florida have not had to contend with providing accommodations to employees who happen to be medical marijuana users. Anti-retaliation provisions in the state may soon be changing, with both chambers of the Florida Legislature […]

Drug Testing Under Iowa Law

In January, the Iowa Court of Appeals issued two decisions relating to the state’s drug-testing statutes, which place the burden specifically on the employer to show strict compliance. Lucas Woods v. Charles Gabus Ford Inc. involves an employee who was terminated from his job for failing a drug test, a move that was challenged because […]

Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to Different Standard

Senate Bill 121 was enacted by the Utah State Legislature, amending and clarifying various provisions of Utah’s medical cannabis laws, including a pronouncement that private employers are not required to accommodate the use of medical cannabis. Under the original Act, state and political subdivision employees cannot be discriminated against on the basis of their use […]

New Jersey’s Supreme Court Upholds Reinstatement of Medical Cannabis User’s Claim Under the New Jersey Law Against Discrimination

The New Jersey Supreme Court affirmed the reinstatement of a disability discrimination lawsuit filed by a medical cannabis cardholder against his former employer after he was fired for failing a post-accident drug test. Medical marijuana users in the state have two potential avenues to bring discrimination lawsuits against employers: the New Jersey Law Against Discrimination […]

New Jersey Employers Must Accommodate Authorized Use of Medical Marijuana Outside of Workplace

The plaintiff in Wild v. Carriage Funeral Holdings, Inc., a cancer patient and lawful user of medical marijuana, was involved in a motor vehicle accident while at work. Although he told a hospital physician that he possessed a license to use medical marijuana, the physician determined that a drug test was not necessary because it […]

Failed Drug Test Not Enough to Dismiss Claim of Disability Discrimination in New Jersey

The Supreme Court of New Jersey recently held that a plaintiff’s lawsuit could proceed against the employer after being dismissed by the trial court, finding that using medical marijuana outside working hours may be found to be a reasonable accommodation in the case. The employee, who suffers from cancer, claimed that a disability qualified his […]

Drug Testing During a Pandemic: COVID-19 & Collection Site Safety

The Department of Transportation has provided guidance relating to drug testing concerns amid the COVID-19 pandemic, which states that truckers are still required to drug and alcohol test their employees under the Federal Motor Carrier Administration (FMCSA) for purposes of pre-employment, random, reasonable suspicion, return-to-duty, follow-up, and post-accident testing during these unrivaled times. Drug testing […]

Proposed State Law Would Protect Medical Marijuana Users from Employment Discrimination

California State Assembly member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which would prohibit employers from refusing to hire or employ a person, or otherwise discriminate against a person, because of that person’s status as a medical cannabis patient. The bill would also grant employees who use medical cannabis while employed the same […]

CBD in the Workplace & Potential Changes to Kentucky Law

Under Kentucky law, an employee can be fired for the use of cannabidiol (CBD). Kentucky’s laws are stringent and state that, as long as CBD is derived from industrial hemp and less than 0.3% THC, it is legal to own oil there. Kentucky State Senate Bill 83 – “Shauna’s Law,” which was reintroduced as Kentucky […]


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