This may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call. But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west…
Last month, the Massachusetts Supreme Court held (here) that a local employer may have a duty to accommodate an employee’s use of medicinal marijuana. You can read more about that decision at Jon Hyman’s Ohio Employer’s Law Blog. Wait, what? If marijuana is still considered an illegal drug under federal law —…
The Beatles lyric is also the opening line from a recent state court opinion about hiring (or not hiring as the case may be) someone who uses medical marijuana. More on that in a bit. But first, the title of this post may serve a dual purpose. That is, maybe it…
Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it) Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty…
I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…
An alcoholic employee can present a number of tricky legal issues affecting the workplace. Under the Americans with Disabilities Act, there’s a certain dichotomy. That is, alcoholism is a disability under the Act. However, an employer can ban alcohol in the workplace and require that employees not be under the…
Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or…
After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian (Or an excuse for me to make gratuitous True Romance references). * * * Many employers drug test job applicants. Floyd (played by a young Brad Pitt), once motivated…
Today, we have a guest blogger at The Employer Handbook. It’s Melissa Kluska. Melissa currently writes for St. Jude Retreats, a non 12 step alternative to traditional alcohol and drug rehab. As well as writing for St. Jude’s, Melissa enjoys blogging about health and relationships. (Want to guest blog on…
Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies. Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.…