Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.Read More
The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.Read More
Nothing is on the U.S. Supreme Court docket yet but with recent passage of liberal marijuana-use laws, a case could fire up justices.
Despite voter approval liberalizing pot laws in two states, state marijuana laws haven't taken away an employer's right to maintain a drug-free workplace, especially as mandated by the Drug-Free Workplace Act of 1988 for companies with federal grants or contracts.
Following voter approval of recreational marijuana use in Washington state and Colorado, one employment lawyer nevertheless recommends making any necessary revisions to company drug policies so no gray areas exist between state and federal law.
The workers were fired in September 2010 after a Fox network station in Detroit filmed them during breaks drinking alcohol and smoking in a nearby parking lot over several days.Read More
Despite recent state initiatives that decriminalize marijuana, the federal Department of Transportation does not authorize the use of marijuana for any reason. Read More
The decision in Amanda Skipton v. S & J Tube Inc. upholds a 2011 district court finding that S&J failed to follow Iowa law permitting an employer to conduct a drug test when investigating workplace accidents that lead to injuries.Read More
Jay Krueger is chief strategy and client services officer at PMSI Inc., providing overall strategic direction for the Tampa, Florida-based provider of pharmacy benefit management services, medical equipment, home health care and case settlement services. In a recent interview with Workforce Management sister publication Business Insurance senior editor Roberto Ceniceros, Krueger said the evaluation of medical marijuana as a way to alleviate pain warrants that employers consider their policies on the issue.
The state guidelines are called for because workers with relatively minor workplace injuries are ending up addicted or dying from overdoses.Read More