I wonder if, in light of their recently-proposed rules, the U.S. Equal Employment Opportunity Commission would consider a joint a small enough incentive from employers to encourage their employees to participate in a company wellness program.
Are you high, Eric?
Not really, other than the natural elation I get from
peyote blogging about employment law.
But, seriously, I’ve read several stories recently about giving out marijuana to incentivize folks to get vaccinated. For example, Alaa Elassar of CNN reports here that two Michigan businesses have begun a “Pot for Shots” promotion — a “joint” effort — to provide pre-rolls to anyone who shows proof of vaccinations.
A.J. Herrington at Forbes reports here about a similar effort in DC called “Joints for Jabs,” where proof of vaccinations gets you a bag of marijuana.
Now, there is a catch. And that catch is that the donors are marijuana dispensaries.
Whether this could work for your non-agricultural business will depend on the state in which you operate. And given the “progressiveness” of this plan, it may also hinge on the vascular health of both your HR department and outside legal counsel. So, let’s just say that your mileage may vary should your business try to institute a similar incentive program.
Eric, is there anything else that you can do to help our business that doesn’t involve incentivizing employees with Schedule One drugs?
Dan is an employment law partner at Shipman & Goodwin, where he leverages decades of experience solving complex employment law problems for companies, including financial services and hedge funds, technology companies, and fortune 500 companies; public and private schools; and non-profits to help them avoid litigation and remain successful.
Dan also publishes the Connecticut Employment Law Blog, which is among the most widely read blogs of its kind in the nation.
Dan and I will bring you up to speed on all the latest employment law changes since President Biden took office. We’re also going to discuss marijuana-free employee vaccinations, FFCRA, free speech, and whatever else you may have on your mind. So, please email me questions and topics.
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