11 Search results

For the term "marijuana".

Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...

Minnesota Has Gone “All In” on Marijuana Legalization — What Does This Mean for Employers?

Minnesota Has Gone “All In” on Marijuana Legalization — What Does This Mean for Employers?

Around this time last year, Minnesota legalized edible products containing hemp-derived tetrahydrocannabinol (THC). Now, Minnesota has gone “all in”—becoming the 23rd state to legalize the recreational use of marijuana and cannabis products. While personal use is not legal until August 1, 2023, several employment provisions in the bill take effect on July 1, 2023. The legalization of recreational marijuana involves...

Quirky Question #211, Marijuana Use

Quirky Question #211, Marijuana Use

Question : One day during the lunch break, as I was heading to my car in the parking lot, I discovered two employees smoking what smelled like pot.  I approached the employees and reprimanded them for engaging in illegal activities on the job, and told them that I would have them terminated.  One of the employees, whose mother works at...

Quirky Question # 178: Medical Marijuana and the ADA

Quirky Question # 178: Medical Marijuana and the ADA

Question: We are a large company with operations in several states. Three of the states in which we operate permit medical marijuana use: California, Oregon, and Washington. One of our factory employees, working in an Oregon location, recently requested that we accommodate his medicinal use of marijuana. The employee claims that even if state medical marijuana law and discrimination law...

Medical Marijuana Use In the Workplace, Quirky Question # 21 (California Issue)

Medical Marijuana Use In the Workplace, Quirky Question # 21 (California Issue)

Quirky Question # 21: We recently made a job offer to a gentleman as a lead systems administrator in the California division of our telecommunications company.  As part of our routine pre-employment drug testing, he tested positive for marijuana.  However, the applicant presented us with a doctor’s note allowing him to use “medical marijuana” for chronic back pain cause by...

Minnesota Has Loosened Restrictions on Edible Products Containing THC  – What Does that Mean for Minnesota Employers?

Minnesota Has Loosened Restrictions on Edible Products Containing THC – What Does that Mean for Minnesota Employers?

What is the current Minnesota law regarding edible products containing THC? An inconsistency in two amended provisions of  Minnesota Statute § 151.72 has resulted in what some have deemed the legislature “accidentally” legalizing edible products containing certain amounts of hemp-derived tetrahydrocannabinol (THC) for purchasers 21 years of age and older. When did the new law take effect? The new law...

“Hope I don’t get AIDS. Just kidding. I’m white!”:  How to get yourself fired for a Facebook post

“Hope I don’t get AIDS. Just kidding. I’m white!”: How to get yourself fired for a Facebook post

Social media has created a minefield of concerns for both employees and employers. The news is full of stories of employees documenting their questionable off-duty conduct on social media, or posting comments containing racist or derogatory remarks. Often, the employer—or sometimes, the rest of the online community—will demand that the employee be fired. In such a scenario many employers may...

Quirky Question #228, E-Cigarettes: To Vape or Not to Vape at the Workplace

Quirky Question #228, E-Cigarettes: To Vape or Not to Vape at the Workplace

Question: Our California company has a no smoking policy but had not thought to include a ban on e-cigarettes, as we had not experienced any problems with them at the workplace until now.  A handful of our employees use e-cigarettes during work hours.  A week ago, a supervisor informed HR that coworkers were concerned about the health effects of being...

Guest Article, Forensic Psychiatric Evaluations of Emotional Distress Claims, Part 2

Guest Article, Forensic Psychiatric Evaluations of Emotional Distress Claims, Part 2

CONTRASTS IN CLAIMS: EVALUATING EMOTIONAL DISTRESS—Part II— A “False Claim” Barbara Long, M.D., Ph.D., A.B.P.N. Employment law Title VII claims often include claims of significant emotional distress allegedly caused by inappropriate remarks, touches, and other behaviors in the workplace.  When a supervisor, as opposed to a coworker, has been the alleged instigator of the reportedly offensive behavior, emotional distress claims...

Reasonable Suspicion of Drug Use, Quirky Question # 20

Reasonable Suspicion of Drug Use, Quirky Question # 20

Quirky Question # 20: We recently saw in the newspaper that one of our employees had been arrested for DUI and marijuana possession.  Based on the newspaper article, we insisted on drug testing the employee under the “reasonable suspicion” section of our drug testing policy.  The employee adulterated his urine sample by adding soap to it.  The testing facility advised...