Written By Digital Content Editor Thomas Ahearn An American retailer has asked a federal judge in New Jersey to toss a proposed class action lawsuit since the state’s law prohibiting employers from refusing to hire job seekers because of off-duty marijuana use can only be enforced by the state and not by individual workers with…
Written By Digital Content Editor Thomas Ahearn On September 9, 2022, the New Jersey Cannabis Regulatory Commission (NJ-CRC) issued “Guidance on Workplace Impairment” that stated “an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid” found during a marijuana…
Written By Digital Content Editor Thomas Ahearn A hospital in Iowa was cited by the state for hiring a nurse without a full background check who was later fired for the suspected theft of Fentanyl – a powerful opioid used to treat severe pain – on two separate occasions, according to a report from the…
Written By Digital Content Editor Thomas Ahearn On August 30, 2022, the California State Legislature approved Assembly Bill 2188 (AB 2188) which would make it unlawful for employers to discriminate against workers based upon their use of marijuana outside of the workplace. If signed by California Governor Gavin Newsom, the bill would take effect on…
Written By Digital Content Editor Thomas Ahearn On June 13, 2022, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in a class action lawsuit that a job applicant is not entitled to be repaid by an employer for the time spent and travel expenses when undergoing a successful…
Written By ESR News Blog Editor Thomas Ahearn On June 7, 2022, the Washington, District of Columbia (D.C.) City Council unanimously passed a bill named the Cannabis Employment Protections Amendment Act of 2022 (Bill 24-109) that would prevent employers from firing or refusing to hire employees who fail marijuana drug tests if approved by D.C. Mayor…
Written By ESR News Blog Editor Thomas Ahearn In 2021, the rate of positive drug test results in the U.S. workforce reached its highest rate since 2001 and was up more than 30 percent in the combined workforce from an all-time low in 2010 to 2012, according to the 2022 Quest Diagnostics Drug Testing Index™ (DTI)…
Written By ESR News Blog Editor Thomas Ahearn On February 27, 2022, the U.S. Department of Transportation (USDOT) issued a proposal in the Federal Register on “Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Addition of Oral Fluid Specimen Testing for Drugs” to add oral fluid testing to the existing urine drug testing for…
Written By ESR News Blog Editor Thomas Ahearn On April 22, 2021, the City Council of Philadelphia, Pennsylvania, approved legislation – Bill No. 200625 – that would make it illegal for employers in the city to require prospective employees to submit to drug testing for the presence of marijuana before hiring them for a job.…
Written By ESR News Blog Editor Thomas Ahearn The New York Department of Labor (DOL) has published new guidance entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation Act (MRTA) and stated that employers in New York state cannot drug test…
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