In almost every U.S. jurisdiction an employer can ask workers who appear to be impaired or otherwise in violation of the employer’s drug and alcohol testing policy to submit to a reasonable suspicion drug test.
The Court of Appeal of Newfoundland and Labrador recently overturned the decision of the province’s Supreme Court, which addressed an employer’s obligation to accommodate medical cannabis use for workers in safety-sensitive positions.
The Rhode Island Supreme Court recently affirmed a trial court’s dismissal of a lawsuit alleging a violation of the drug testing statute brought against an employer that terminated an employee for refusing to submit to a reasonable grounds drug test.
Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year.
On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal charges for such possession.
On March 10, 2020, the NYC Commission on Human Rights proposed rules addressing exceptions recognized under the city’s ordinance generally prohibiting pre-employment testing for marijuana and THC.
The NJ Supreme Court recently held that employees can maintain an action under the NJLAD for disability discrimination when they suffer an adverse employment action as a result of their lawful use of medical marijuana outside of the workplace.
Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws.
Following the lead of other courts around the country, a Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s medical marijuana law.
In Canada, employers that host holiday parties for their employees could expose themselves to significant common law liability for the actions of an employee or guest who is under the influence of alcohol or cannabis.
