Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical purposes. Now, however, the tide is rapidly turning. Where does California employment law currently stand on cannabis? Below we address burning issues regarding accommodations and drug testing.
What is
Continue Reading Cannabis in California: High Time to Smoke Out the Issues
By Joshua M. Henderson, Ilana R. Morady, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: CalOSHA published a news release TODAY, on a new emergency regulation for the electronic submission of CY 2017 Form 300A on Occupational Injuries and Illnesses. CalOSHA submitted the rule yesterday, and will allow public comments until Tuesday, October 30th, with
Continue Reading Attention California Employers! Cal/OSHA Issues Notice of Emergency Regulation for Electronic Submission of CY 2017 Form 300A by December 31, 2018
Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.
California—already famous (or infamous) as a sanctuary in the immigration area—could soon become a sanctuary for medical marijuana users. A proposed bill would protect medical marijuana users from employment discrimination.
Currently, California employers can deny employment to users of marijuana, even if the use
Continue Reading Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?
Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances.
California public policy, stated in our Constitution, strongly favors the right of privacy. But employers have their own legitimate interest in maintaining a safe, drug-free work environment. So what’s the blunt truth about random drug testing in California?
As we
Continue Reading Random Drug Tests (Still) Not Advisable In Most California Workplaces
Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in the workplace may turn out to be a buzzkill.
When can an employer drug test its employees?
Last November, California
Continue Reading Marijuana at Work: Testing of (and for) Mary Jane