Ohio’s new medical marijuana law becomes effective on September 6, 2016, although it may take up to two years for implementing regulations to be written and for dispensaries and the patient registry to become operational. House Bill 523, the “Ohio Medical Marijuana Control Program,” allows people with certain medical conditions, upon the recommendation of a
OSHA Announces 3-Month Delay in Enforcement of Electronic Recordkeeping Rule’s Retaliation Provision
Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of the anti-retaliation provision, 1904.35(b)(1)(iv), from August 10, 2016 until November 1, 2016. Section 1904.35(b)(1)(iv) states, “[employers]
Termination For Conduct Caused By Side Effects of Prescription Medication Was Not Disability Discrimination
A federal court in Florida has upheld an employee’s termination due to her “inebriated” conduct that was caused by her use of prescription medications, holding that her discharge did not constitute disability discrimination. Caporicci v. Chipotle Mexican Grill, Inc., Case No. 8-14-cv-2131-T-36EAJ (M.D. Fla. May 27, 2016).
Lisa Caporicci worked for Chipotle as a
What OSHA’s Electronic Recordkeeping Rule Means For Workplace Post-Accident Drug and Alcohol Testing
Today, OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register. A detailed discussion of the rule can be found here on our OSHA Law Blog. In the final rule OSHA states that “blanket post-injury drug testing policies deter proper reporting” and concludes that:
“the final
Pennsylvania Enacts Medical Marijuana Law
Pennsylvania Governor Tom Wolf signed legislation that legalizes the use of marijuana for medicinal uses on April 17, 2016. The new law, Senate Bill 3, known as “The Medical Marijuana Act” permits patients suffering from ALS, autism, cancer, Crohn’s disease, nerve damage, epilepsy, glaucoma, HIV/AIDS, Huntington’s Disease, inflammatory bowel syndrome, intractable seizures, multiple sclerosis,
Three-Year Statute of Limitations Applies To Violations of Rhode Island Drug Testing Law
The Rhode Island Supreme Court has held that a three-year statute of limitations applies to claims alleging violations of the employer drug testing statute in that state. Goddard v. APG Sec.-RI, LLC, No. 2014-239-Appeal (R.I. Mar. 7, 2016).
Rhode Island’s employer drug testing statute provides employees with a right to be free from drug
Minnesota Drug Testing Law Applies Where Minnesota Resident Was Hired to Work in Another State
A federal appeals court in Minnesota has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Olson v. Push, Inc., No. 14-3160 (8th Cir. Feb. 22, 2016).
Push, Inc., a Wisconsin corporation, hired Olson, a
U.S. Supreme Court Denies Permission For Lawsuit Seeking to Invalidate Colorado’s Legalization Of Marijuana
The U.S. Supreme Court denied a motion filed by the states of Nebraska and Oklahoma for leave to file a complaint against the state of Colorado, challenging that State’s legalization of marijuana. The Supreme Court denied the motion without opinion or explanation on March 21, 2016.
In December 2014, Nebraska and Oklahoma moved for leave
Top 10 Reasons To Update Workplace Drug and Alcohol Policies in 2016
With the beginning of a new year, it is time to make resolutions and review old, outdated workplace policies. Employers who conduct drug and alcohol testing should consider updating their drug and alcohol policies in 2016, particularly if they have not done so in several years. Here are the top 10 reasons why:
- Medical Marijuana
U.S. Opposes Lawsuit By States Seeking To Overturn Colorado Legalization of Marijuana
The U.S. Solicitor General filed a brief in the U.S. Supreme Court December 16, 2015 opposing Nebraska and Oklahoma’s challenge to Colorado’s legalization of marijuana. Last December, the states of Nebraska and Oklahoma filed a motion in the U.S. Supreme Court seeking permission to file suit against the state of Colorado, arguing that Colorado’s legalization