Law and the Workplace

Tag Archives: drug policies/testing

[Podcast]: Medical Marijuana and the Potential NYC New Law

By Evandro Gigante and Harris Mufson on Posted in Hiring/Background Checks, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it … Continue Reading

Marijuana Users in Michigan Eligible for Unemployment

By Katharine Parker and Vanessa Gilbreth on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits. The state of Michigan legalized the use and possession of marijuana for medicinal purposes in 2008, Michigan Medicinal Marihuana Act (“MMMA”).  The law makes clear … Continue Reading

Minnesota Court Limits Extraterritorial Reach of State Drug Testing Law

By Daniel Saperstein and Katharine Parker on Posted in Hiring/Background Checks, Workplace Policies and Procedures
One question that frequently arises for employers when running a background check is which state’s/city’s law applies.  In Olson v. Push, Inc., No. 14-1163 ADM/JJK, 2014 WL 4097040 (D. Minn. Aug. 19, 2014), the District of Minnesota recently held that the state’s drug testing statute did not cover an applicant who lived and submitted to … Continue Reading

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered “Disabled” Under State Human Rights Law

By Katharine Parker and Rachel Fischer on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not take effect until 18 months after it is signed into law, giving employers time to consider the … Continue Reading

Okay to Terminate Employee for Violating No-Alcohol Provision of Return to Work Agreement, Says Third Circuit

By Allison Martin, Daniel Saperstein and Joseph O’Keefe on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
The U.S. Court of Appeals for the Third Circuit affirmed that an employer may discharge a driver sales representative who suffers from alcoholism for violating a return to work agreement (RWA) that prohibits the use of drugs or alcohol in Ostrowski v. Con-way Freight, Inc., No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013). … Continue Reading
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