Workforce Bulletin

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about managing disabled employees who are also qualified medical marijuana users, and appropriately requiring reasonable suspicion drug testing.

Background

In early 2018, the Agency hired Alyssa Bartolotta (“Bartolotta”) as a teaching assistant in its early childhood division.  As part of her onboarding, Bartolotta acknowledged receipt of an ...

As featured in #WorkforceWednesday:  This week, we shed light on the growing issues surrounding electronic employee monitoring, the Equal Employment Opportunity Commission’s (EEOC’s) disavowal of comments by a former General Counsel (GC) regarding abortion travel benefits, and California’s latest marijuana employment protection law.

On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued guidance in the form of Frequently Asked Questions (“FAQs” or the “Guidance”) to assist employers in navigating the Marijuana Regulation and Taxation Act (“MRTA” or the “Act”) and in understanding what they can and cannot do. As we previously reported, the MTRA, enacted on March 31, 2021, legalized recreational cannabis in the State. Of particular importance to employers, the Act amended New York Labor Law Section 201-D (“Section 201-D”) to create new legal protections for ...

On February 22, 2021, Governor Murphy signed three separate cannabis reform bills into law that formally legalize the use and possession of recreational marijuana in the Garden state: (1) the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (the “Cannabis Act”) (NJ A21), which legalizes the recreational use and possession of cannabis or cannabis products (collectively “cannabis items”) for adults; (2) a  decriminalization law (NJ A1897), which legalizes the possession of up to six ounces of cannabis and provides for ...

This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on National Labor Relations Act (“NLRA”) compliance and New York City drug testing to assist you in navigating an increasingly complex legal landscape.

Watercooler (and Bathroom) Conversations Among Co-Workers About Work-Related Matters Are Not Always Protected Concerted Activity Under the NLRA

RyAnn M. Hooper

Historically, a conversation ...

Our colleagues Nathaniel M. Glasser, Denise Merna Dadika, Maxine Neuhauser, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the hospitality industry: "New Jersey Enacts Broad Employment Protections for Registered Medical Cannabis Users."

Following is an excerpt:

On July 2, 2019, New Jersey joined Illinois, Nevada, New Mexico, New York City, and Oklahoma in enacting employment protections for authorized users of medical cannabis. New Jersey’s new medical ...

Our colleagues Nathaniel M. Glasser, Lauri F. Rasnick, Michael F. McGahan, Steven M. Swirsky, Amanda M. Gómez, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the financial services industry: "NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law."

Following is an excerpt:

As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for ...

Our colleagues Nathaniel M. Glasser, Lauri F. Rasnick, Michael F. McGahan, Steven M. Swirsky, Amanda M. Gómez, and Anastasia A. Regne at Epstein Becker Green have recently published a post on the Health Employment and Labor Blog that will be of interest to our readers in the retail industry: "NYC Bill Banning Pre-Employment Marijuana Drug Testing Becomes Law."

Following is an excerpt:

As we previously reported, on April 9, 2019, the New York City Council passed Int. 1445-A, which prohibits employers from pre-employment drug testing for marijuana and ...

By:  Jordan Schwartz

Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana.  The answer varies greatly depending on the state in which you are located.  

States continue to pass legislation legalizing marijuana use for specific purposes.  On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California ...