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

Seyfarth Synopsis: Sometimes even the best employees can have their woebegone days. How is an employer to distinguish between (1) a mental disability that may require accommodation and (2) a case of someone “having the Mondays”? In honor of Mental Health Awareness Month, we offer some therapeutic antidotes for your queries on tackling mental illnesses at work.

In
Continue Reading Employer Web Therapy: Accommodating Employee Mental Health Illness

Seyfarth Synopsis: It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” Although courts have recognized the right of an employer to have legitimate work rules that prohibit alcohol use in the workplace, the line between having a protected disability and engaging
Continue Reading Addressing Alcoholism in the California Workplace

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of employee leaves for elective medical procedures.

California employers who administer employee leave laws navigate a complicated labyrinth. Employers must consider interactions among federal laws (ADA, FMLA, Title VII),
Continue Reading Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

Seyfarth Synopsis: While employers usually deal with employees directly, sometimes an employer must engage with an employee’s representative. These circumstances vary, as do the potential consequences to the employer.

Employers typically expect to deal directly with their employees. But employers should think before using Hodor’s approach of “Hold the door!” to exclude any employee representative. The employer who emulates
Continue Reading Game of Groans? Third Parties Attending Interactions with Employees