Medical Marijuana in the Workplace: What Employers Should Know

Most recent laws legalizing marijuana use have been geared towards removing criminal penalties for users, and do not fully address workplace issues posed by medical marijuana.  Some state laws  explicitly prohibit employers from discriminating against employees because of their status of medical marijuana cardholders. Some may only addresses the impact of a positive drug test for a limited set of job duties, such as public utility workers. Other state laws explicitly indicate that  employers need not accommodate marijuana use in the workplace, but are silent on off-duty medical use.  A few states explicitly protect employees who test positive for marijuana use and have medical authorization.  These provisions place employers in a difficult position by requiring them to look past a positive drug test unless they can show that an employee is impaired due to marijuana use during work hours.  Since urine-based drug tests do not actually measure impairment, and there is currently very little guidance from courts in those states, employers are left wondering how they are supposed to meet such a standard.

What if you are an employer with a “zero tolerance” drug use policy? Must you now do away with it? Do you have to hire someone who tests positive for marijuana? Can you terminate an employee who does?  In this webinar we will address those and other questions regarding medical marijuana at work.

Areas Covered

• State Medical Marijuana Laws
• Conflicting Federal laws
• Discussion of some State/Local Laws
• Inquiring about legal drug use
• Alcohol, Drugs and Disabilities
• Fitness for Duty and the Direct Threat
• Workplace policies
• Case examples, case studies
• And more!

Who Should Attend?

• CEO
• Founder
• Senior managers,
• VP HR
• HR Director
• HR Manager
• HR Generalist,
• Safety Director
• Safety Officer
• All managers.

Speaker(s)

Janette Levey Frisch

Janette Levey Frisch, founder of The EmpLAWyerologist Firm, is an employment/HR attorney with over 20 year's legal experience. Ms. Frisch is a legal wellness professional for employment practices and workforce challenges. She works with employers to craft solid employment practices wellness plans tailored to address an organization’s needs and concerns. As a consultant, she offers legal services on virtually all federal and NJ and NY state employment law issues.

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Credits: 1.5

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Credits: 1.5

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