drug policies/testing

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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 an unlawful discriminatory practice for an employer, including an employment agency or their agents, to require that a prospective employee or an applicant submit to drug testing regarding the presence of marijuana as a condition of employment. That bill, if signed by Mayor de Blasio, would take effect within one year after it becomes law.

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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…

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…

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…

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).…