|Duration: 60 minutes||Speaker: Jordan B Schwartz|
The rise in medical and recreational marijuana legislation poses many interesting questions for employers - especially national employers where state laws may differ drastically on this issue. State legislation of the lawful use of cannabis likely will require employers to change their perceptions of longstanding drug policies and practices.
Legalized medical and recreational cannabis is a reality in several states, dispensaries are open for business, and state legislation on this topic has become a hot topic throughout the country. Employers are not required to allow patients to use medical cannabis in the workplace, there is no current legal authority requiring employers to allow permission to use medical cannabis as a “reasonable accommodation” under federal or disability law (or most state laws), and employers are under no obligation to tolerate medical cannabis use by employees in safety-sensitive positions.
With that being said, challenges by users of medical and recreational marijuana concerning their employers’ practices are sure to arise, and there are several state and federal laws that may be implicated in those lawsuits. Employers with national operations must take into account potentially divergent laws of the states in which they operate. Because the nation is embarking on something completely new with the legalization of medical marijuana, it would be prudent for employers to tread carefully and refrain from making hasty decisions that can lead to the time, expense, distraction, and potentially unflattering publicity resulting from litigation.
Who Should Attend
Mr. Schwartz is a partner in Conn Maciel Carey’s Labor & Employment Group. He advises employers on a wide range of complex employment-related issues. He defends employers against claims of discrimination and harassment, misappropriation of trade secrets, and wage and hour violations. He also counsels employers on all aspects of the employer-employee relationship.
Mr. Schwartz has particular expertise defending property owners and managers against claims brought by hotel patrons alleging lack of accessibility under Title III of the Americans with Disabilities Act (“ADA”), and routinely conducts on-site inspections of properties and modifies their policies and practices to ensure compliance with the ADA. Mr. Schwartz also routinely defends employers against claims under the Fair Labor Standards Act and state wage and hour laws, including issues involving minimum wage, calculation of overtime, misclassification of independent contractors, exempt status of employees, meal/rest breaks, tip pooling, automatic gratuities and service charges.
Mr. Schwartz has extensive expertise in the hospitality industry.
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