Virginia Marijuana Bill to Bar Applicant Questions on Decriminalized Charges

On April 12, 2020, Virginia Governor Ralph Northam signaled his approval of—but has not yet signed—legislation (House Bill 972) that would decriminalize simple possession of marijuana. The impact of decriminalization on Virginia’s criminal process has been the highlight of the legislation, but the bill would also include restrictions that impact the application process for employers operating in the Commonwealth.

FMCSA Offers Flexible Solutions for Drug and Alcohol Testing During COVID-19 Outbreak

The COVID-19 pandemic is interrupting, and in many cases, preventing compliance with the Department of Transportation’s (DOT) drug and alcohol testing regulations. On March 23, 2020, DOT published guidance on compliance with DOT drug and alcohol regulations that clarified some existing legal requirements but offered little in the way of practical solutions. On March 25, 2020, however, the Federal Motor Carrier Safety Administration (FMCSA) published clear, flexible guidance specific to FMCSA’s testing requirements to aid FMCSA-regulated employers unable to comply with FMCSA’s testing requirements due to COVID-19.

Coming Soon to the Southeast? A Summary of Medical Marijuana Legalization Efforts in Alabama, Kentucky, and Mississippi

The 2020 state legislative sessions are underway across the country and a hot topic in many states is medical marijuana. As discussed last year, Alabama was poised to become the first Deep South state to enact a medical marijuana law. The Alabama legislature ultimately tabled the issue until the 2020 legislative session.

Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations strictly prohibiting the use of marijuana for truck drivers, school bus drivers, train engineers, pilots, transit vehicle operators, and the like, the increasingly widespread use of CBD products created a gray area with regard to testing.

Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers. Here’s a summary of recent employment law developments in New Jersey just one month into 2020, a look at what may be on the way, and a recap of 2019’s changes.

New Year, New Legislative Session Greets Florida Employers

Florida’s 2020 legislative session convened today in Tallahassee. This session will be one to watch, as over 20 workplace-related bills have already been filed, covering such topics as discrimination and retaliation, minimum wage and overtime pay, pre-employment verification and background screening, reemployment assistance, tax credits and refunds, job relocation, job protections for medical marijuana users, paid family leave, and heat illness prevention.

Illinois Governor Signs Employer-Friendly Amendments to Recreational Marijuana Law

In order to address employer concerns regarding the Illinois Cannabis Regulation and Tax Act, the Illinois General Assembly amended the Act via a trailer bill, Senate Bill 1557, during the fall legislative session. On December 4, 2019, Governor Pritzker signed the legislation into law as Public Act 101-0593. The changes took effect with the governor’s signature.

Texas Legislative Roundup: New Laws Impacting Employers

The Texas Legislature’s 86th session adjourned on May 27, 2019, and there is little likelihood that the governor will call a special session. The legislature primarily focused on educational reforms this year. Regarding employment matters, most observers expected the legislature to adopt laws preempting any attempt by municipalities to pass paid sick leave laws. While the legislature failed to pass any such law, they did pass other laws impacting the employer-employee relationship.

Legalized Cannabis in Illinois: What Employers Need to Know

On May 29, 2019, the Illinois Senate passed Illinois House Bill (HB) 1438, which will legalize recreational marijuana in the state. This bill, known as the “Cannabis Regulation and Tax Act,” is expected to be signed into law by Illinois governor J. B. Pritzker, since he campaigned for office on a promise to legalize recreational marijuana.

What Is CBD Oil and Why Should Employers Care to Know?

Recent federal legislation removed hemp and hemp-derived products, including hemp-derived CBD, from Schedule I of the Controlled Substances Act, which drastically increased their marketability. Since the use and production of CBD oil and related products derived from hemp are now lawful under federal law and in most states, employers may want to learn the basics about CBD and what it means for their workforces.

What a Long Strange Trip It’s Been: Is Medical Marijuana Coming to Alabama?

On March 20, 2019, House Bill 243 (HB243) was introduced in the Alabama House of Representatives. HB243, a bipartisan bill with extensive support from both the majority and minority leaders, would create the Compassion, Access, Research, and Expansion Act (CARE Act) to legalize medical marijuana in Alabama for individuals with certain medical conditions. In its current form, HB243 lists 33 medical conditions and categories of conditions for which an individual would be eligible for a medical marijuana card in Alabama, including addiction, anxiety, autism, cancer, chronic pain, Crohn’s disease, depression, glaucoma, epilepsy/seizures, irritable bowel syndrome, posttraumatic stress disorder, sleep disorders, and terminal conditions.

New Mexico’s Expanded Employment Protections for Medical Marijuana Users

In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law, expand the range of medical conditions for which medical marijuana may be prescribed and create new employment protections for employees who legally use medical marijuana.

Oklahoma’s Unity Bill Allows Employers to Prohibit Medical Marijuana Use by Employees in Safety-Sensitive Positions

Oklahoma employers received a much-needed boost from the recent passage of the Oklahoma Medical Marijuana and Patient Protection Act, more commonly called the “Unity Bill.” This legislation comes after much upheaval about the Oklahoma electorate’s passage of the Oklahoma Medical Marijuana Act (OMMA)—State Question 788—in the summer of 2018. Many experts have characterized the Oklahoma medical marijuana law as a permissive-use marijuana law due to the fact that the law has very few restrictions compared to other states’ medical marijuana laws.

What Manufacturers Need to Know About Labor and Employment Law in Canada

Manufacturers in Canada face a labor and employment environment that is much more employee and union-friendly than the United States. That said, a sophisticated manufacturing employer that is educated, strategic, and proactive about managing its plant can find itself with a competitive business advantage. Here are just a few of the “Need to Knows” for manufacturers that are presently doing business or thinking about doing business in the Great White North.

Navigating Canada’s New Cannabis Law—Don’t Let an Employee’s Immigration Status Go Up in Smoke

On October 17, 2018, Canada’s federal Cannabis Act went into effect, legalizing the use and possession of a limited amount of marijuana for adults over the age of 18. The new law makes good on a campaign promise by Prime Minister Justin Trudeau and makes Canada the second country to legalize marijuana use on a national basis. It is intended to make Canada’s marijuana industry safer by keeping the drug out of the hands of kids and steering profits away from criminals. This newfound freedom (and tax revenue), however, may come at a cost to those trying to cross the border into the United States, where marijuana is still illegal under federal law.