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Now that recreational marijuana is legal in NJ, can local employers still drug test? Refuse to hire pot smokers??

Image Credit: @NJGov on Twitter Well, it depends. ***ducks rotten tomatoes*** Yesterday, New Jersey Governor Phil Murphy signed three bills into law, “legalizing and regulating cannabis use and possession for adults 21 years and older (A21 – “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act”) and decriminalizing…

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A federal court just greenlit the failure-to-accommodate claim of a medical marijuana user. But why?!?

Image by Tumisu from Pixabay Oh, I was just asking. I thought you knew. Ok, let’s start over.  Since I did read this opinion and, apparently, it’s my job to do the ‘splaining around here. Just don’t accuse me of blog-splaining. Anyway, according to the plaintiff, an employee of a…

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Using marijuana in NJ has nothing to do with politics. But, are local employers ready for legal weed?

Image by Erin Stone from Pixabay In a landslide victory on election day — ok, a touch of politics — New Jersey voters overwhelmingly supported legalizing recreational marijuana. But where and when can you get it? (Asking for a friend). And what does legalized recreational marijuana mean for local employers?…

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My employer fired me because I use medical marijuana. Can I sue?

Image by CMElixirs from Pixabay Well, that depends. 😉 It depends on the state in which you are employed. Some states haven’t legalized medical marijuana. So, you’re SOL if you work in one of them. Others that have legalized medical marijuana have clear laws that permit employees fired for having…

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No, the Americans with Disabilities Act does not require accommodating CBD use

Jeoy Pena / CC BY-SA Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of…

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I have new guidance for employees struggling with substance abuse issues during this pandemic

(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner) Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it. Before I detail this new guidance, I’ve got some other big EEOC news! That is, several of my friends from…

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We’re gonna take a coronavirus break today to talk about marijuana

tEvan-Amos / Public domain But, first, thank you to everyone who stopped by yesterday for the Facebook Live / Zoom chat to discuss the Families First Coronavirus Response Act and other COVID-19 workplace issues. ICYMI, we did record the session. I’ve got audio here and my handsome talking mug here.…

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Yes, if you get fired (or not hired) for holding a PA medical marijuana card, you can sue.

Image by CMElixirs from Pixabay With a big ‘ol tip of the cap to Phil Miles, Esq. over at Lawffice Space (here) and Daniel Cummins at Tort Talk (here), we’ve got some news that should interest Pennsylvania employers. For the first time, a state or federal court in Pennsylvania has decided…

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SCOOP! PA businesses may have to allow employees to use medical marijuana outside of work

Image Credit: Pixabay.com This definitely caught me flat-footed. An implied duty to accommodate? I think not. Pennsylvania’s medical marijuana law specifically states that no employer must “make any accommodation of the use of medical marijuana on the property or premises of any place of employment.” But the law is silent…