The Colorado Supreme Court ruled today in a 6-0 decision that Colorado’s “lawful activities statute,” which provides protections to employees who engage in lawful off-duty conduct, only applies to conduct that is lawful under both state and federal law. The Court’s decision in Coats v. Dish Network, which can be accessed here, involved
What Does Alaska’s and Oregon’s Legalization of Marijuana Change for Employers? Answer: Probably Not Much.
In this week’s mid-term election on November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of marijuana. They join Colorado and Washington, which took this step in 2012. Oregon’s law becomes effective in July 2015; Alaska’s probably in February 2015.
Each of these laws is slightly different (read the full text here of the measures in Oregon, Alaska, and D.C.). But employers in all these jursidcitions may be wondering about the same question: does this affect my company’s anti-drug policy or drug testing program and if so, how?
Victory For Employers in Washington Medical Marijuana Case
In a victory for employers, the Washington Supreme Court has ruled that Washington’s Medical Use of Marijuana Act (“MUMA”) does not protect medical marijuana users from adverse hiring or disciplinary decisions based on an employer’s drug test policy. Click here to download a copy of the decision in Roe v. Teletech Customer Care Management. The lawsuit
Medical Marijuana and Zero Tolerance Drug Testing Policies Remain An Issue For Employers
Employers and the courts continue to wrestle with issues involving “zero tolerance” drug testing policies and whether employers must accommodate medical marijuana use by their employees. Marijuana use is illegal under the federal Controlled Substances Act, and therefore does not need to be accommodated under the federal Americans with Disabilities Act (“ADA”). However, 15 states currently have
Oregon Supreme Court: Employers Are Not Required to Accommodate Medical Marijuana
Yesterday the Oregon Supreme Court conclusively ruled that employers are not required to accommodate the use of medical marijuana in the workplace, ending years of doubt and confusion on this critical issue. Click here to read the Court’s opinion in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries.
In Emerald Steel
Washington Court of Appeals Upholds Termination Where Medical Marijuana Use Caused Drug Test Failure
Note: On April 1, 2010, the Washington Supreme Court granted review of the Court of Appeals decision discussed in this entry. A final ruling on the case will be issued by the Washington Supreme Court at a later date.
A Washington Court of Appeals has ruled that Washington’s Medical Use of Marijuana Act (“MUMA”)
California Assembly Passes Four Employment-Related Laws
California employers take note: The California State Assembly recently passed four significant employment-related bills that you should pay close attention to:
- Medical Marijuana: A.B. 2279 would prohibit discrimination against an employee based on marijuana use, as long as the use was for medical reasons and did not occur at the workplace or during the hours of
Oregon Court of Appeals: Keep Accommodating Medical Marijuana (For Now….)
In Emerald v. Bureau of Labor, The Oregon Court of Appeals affirmed a Bureau of Labor and Industries determination that an employer must reasonably accommodate an employee’s off-duty medical marijuana use. However, the case was affirmed on a technicality – again leaving Oregon employers wondering if they really have to accommodate an employee’s medical marijuana use.
Continue Reading Oregon Court of Appeals: Keep Accommodating Medical Marijuana (For Now….)