Medical Marijuana: The Changing Legal Tide Understanding Your Compliance Obligations in the Face of Legal Perils Caused By New State Laws

Duration: 60 minutes

Speaker: Melissa Fleischer, Esq

CREDITS:

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ABOUT THE EVENT

Are you allowed to refuse to hire an applicant who tests positive for marijuana on a pre-employment drug test? Are you even allowed to test for marijuana on a pre-employment drug test? Does an applicant have a right to sue you under your state’s medical marijuana act? The answers to these questions and many more will be provided in this important webinar. Courts have recently changed their positions on many of these issues and it is more important than ever that HR understands how to properly comply with the ever-changing laws on medical and recreational marijuana and to understand the changing legal tides in which courts are now holding in favor of applicants more and more. HR's obligations with regard to enforcing drug-free workplace policies in the face of new state laws legalizing medical and recreational marijuana use can be difficult to understand. These new state laws create a legal nightmare for HR with regard to how to handle situation in which employees may use marijuana while working or fail routine drug screenings. This can create more questions than answers for the HR Professional especially with regard to whether you are obligated under these state laws to provide accommodations for use of medical marijuana in your workplace. The legal tides are changing and there have been several recent cases that have changed an employer's obligations that HR needs to understand. This webinar will help you make sense of it all as legal expert, Melissa Fleischer, Esq., reviews an employers' responsibilities vis-a-vis medical marijuana and provides guidance on the important issues of whether and/or how to accommodate medical marijuana usage under these new state laws as well as providing an overview of the recent case law developments regarding medical marijuana.

This webinar will provide the answers to many important questions, such as:

Does your state medical marijuana law allow an applicant to commence a private cause of action against you for failing to hire them
Can you refuse to hire an applicant who test positive for marijuana when they have a medical marijuana ID care
Are you still allowed to test for marijuana on a pre-employment drug test
Is marijuana when used for medical purposes legal under federal law?
Do you have to allow an employee who uses marijuana for medical purposes to be under the influence at work?
Do you have to provide a reasonable accommodation under the ADA or your state disability law to an applicant who uses marijuana for medical reasons?
And much more….!!!!

Who Should Attend:

HR Professionals
Directors
Vice President
CFO
Risk Managers
Managers

Speaker(s)

Melissa Fleischer, Esq

Melissa Fleischer, Esq., is a sought-after employment law attorney and HR advisor, having utilized her 20 years of law practice experience specializing in employment discrimination litigation to form HR Learning Center LLC, an HR consulting firm that specializes in providing workplace solutions to employers on a wide range of legal and human resource management issues. Ms. Fleischer provides preventative counseling and proactive training on a wide-range of employment law issues to help employers achieve legal compliance and reduce litigation costs, Ms. Fleischer is a management-side employment attorney and is nationally recognized as an expert in her field. Ms. Fleischer has successfully represented numerous clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. Ms Fleischer was previously associated with Epstein Becker & Green in NYC.

Through HR Learning Center, Ms. Fleischer provides on-site training seminars and on-line training webinars and consulting on a wide range of workplace and human resource issues including sexual harassment, disabilities, diversity, discrimination, workplace violence, employee use of social media, job descriptions, employee handbooks, workplace investigations, FLSA misclassification and independent contractor status, information privacy and security, and HR records management. She also offers compliance training on the major employment laws, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, including exempt and non-exempt worker classifications and the National Labor Relations Act. She presents seminars, leads webinars and workshops, and is a frequent lecturer on these and other HR management and legal topics.

Ms. Fleischer served as a chapter editor for the Family and Medical Leave Act Treatise, published by the Bureau of National Affairs. She also served as an Editor for HRExpert, an on-line legal resource for attorneys and HR Professionals. Ms. Fleischer is an adjunct faculty member with the Professional Development Center at SUNY/Westchester Community College in Valhalla, New York. She is a member of the Society for Human Resource Management (SHRM). Ms. Fleischer earned her J.D. degree from The George Washington University Law School in Washington, D.C., and her B.A., cum laude, from New York University.

CEUs

The use of this seal confirms that this activity has met HR Certification Institute’s® (HRCI®) criteria for recertification credit pre-approval.

Credits: 1.0

Compliance Prime is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org

Credits: 1.0

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