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Medical/Legal Marijuana

Age and Wage Issues Among Many Resolved On Election Day

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term.  In a unanimous (8-0) ruling, the […]

Marijuana Law Does Not Compel Employer To Waive Its Drug-Testing Policy

Last year, I blogged about Maryland’s medical marijuana law and its potential implications on drug-free workplaces and drug testing policies.  Although Maryland courts (still) have not addressed the questions in the employment law context, courts in other jurisdictions with medical marijuana statutes have issued rulings that could provide insight on some of the issues.  Recently, […]

New Mexico State Courts Should Decide How To Interpret State Employment and Marijuana Laws

Augustine Stanley filed a lawsuit in New Mexico state court alleging that his employer discriminated against him when it fired him as a detention officer because of his state-authorized used of medical marijuana.  Stanley’s original complaint, based only on state law, alleged that the New Mexico Human Rights Act required his employer to accommodate his […]

Drug-Free Workplaces In The Era Of Medical And/or Legal Marijuana Use

An employee with terminal illness or severe pain obtains medical marijuana from a licensed dispensary.  His or her employer, however, maintains a drug-free workplace policy that provides for employee drug testing. What can an employer do under these circumstances?  This post is designed to provide a basic snapshot of the current state of the law, […]