Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.Read More
The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.Read More
Even with legalized pot laws on the books in 20 states, it’s still unclear how medical and recreational marijuana fits into workplace drug and alcohol policies.Read More
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