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US Headlines


Justice Department reverses course on marijuana enforcement: What it means for employers- (1/31/2018)
United States-

Nexsen Pruet - Michael P. Scott Attorney General Jeff Sessions recently issued a guidance memorandum rescinding several Obama-era Justice Department memoranda regarding federal marijuana enforcement. The Sessions Memo did not in any way change federal law – the use, sale, and distribution of m...

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California ABC Issues New Guidance on the Interplay Between the Alcohol and Cannabis Industries- (1/31/2018)
United States-California

GrayRobinson PA - Richard M. Blau On January 18, 2018, the California Department of Alcoholic Beverage Control released an advisory that outlines the agency's policies about legalized cannabis and marijuana relative to licensees that sell alcohol beverages. The advisory, titled "Cannabis and Alco...

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Recreation Marijuana Industry Forges Ahead Amid Enforcement Uncertainty- (1/31/2018)
United States-

Mintz Levin Cohn Ferris Glovsky and Popeo PC - Julie Cox and Caitlin R. Beresin The Cannabis Control Commission (CCC) voted in late December to approve draft regulations establishing the framework for the recreational marijuana industry of Massachusetts. Less than one week later, U.S. Attorney Ge...

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Virginia Senate Passes Ban-the-Box Bill for Employment- (1/31/2018)
United States-Virginia

Troutman Sanders LLP - Scott Kelly and Timothy "Tim" J. St. George On January 19, 2018, the Virginia Senate voted 23 to 16 to “ban the box” on state employment applications. The bill, sponsored by Democrats Rosalyn Dance (Petersburg), Adam Ebbin (Alexandria) and Jennifer McClellan (Richmond), wou...

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Vermont’s Governor Signs Recreational Marijuana Law- (1/31/2018)
United States-

Jackson Lewis PC - Kathryn J. Russo Vermont’s Governor Phil Scott signed a recreational marijuana law on January 22, 2018. The law is the first recreational marijuana law to be enacted by a state legislature without a ballot initiative. It will take effect on July 1, 2018. The law eliminates a...

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Employee’s Refusal to Take Drug Test Could Not Support Age and Gender Discrimination Claims- (1/17/2018)
United States-

Jackson Lewis PC - Kathryn J. Russo A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc., CV. No. 16-cv-40008-TSH (D. Mass. J...

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New Jersey Expands “Ban the Box” Protections- (1/16/2018)
United States-New Jersey

Troutman Sanders LLP - Scott Kelly and Timothy "Tim" J. St. George On December 20, New Jersey Governor Chris Christie signed a new bill amending the New Jersey Opportunity to Compete Act (“OTCA”) that went into effect in March 2015. The amendment seeks to strengthen the “ban the box” legislation ...

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Pre-Adverse Action Fair Credit Reporting Act Claim in Class Action Dismissed for Lack of Standing- (1/16/2018)
United States-

Montgomery McCracken Walker & Rhoads LLP - Erin A. Novak After four years of litigation, Judge Jan DuBois of the U.S. District Court for the Eastern District of Pennsylvania dismissed an FCRA claim in a class action for lack of standing. Moore v. Rite Aid Hdqtrs Corp. d/b/a Rite Aid Corporation, ...

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Spokane Follows Seattle’s Lead, Passes “Ban-the-Box” Ordinance- (1/4/2018)
United States-Washington

Ogletree Deakins Authors: Kyle D. Nelson (Seattle), Adam T. Pankratz (Seattle) Published Date: December 29, 2017 The City of Spokane, Washington, recently enacted Ordinance No. C-35564, making Spokane the second municipality (joining Seattle) in Washington state to “ban the box.” Th...

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New Jersey Upgrades Ban-the-Box Law to Cover Inquiries Into Expunged Criminal Records- (1/4/2018)
United States-New Jersey

Ogletree Deakins Michael J. Riccobono December 29 2017 On December 20, 2017, New Jersey Governor Chris Christie signed into law Senate Bill 3306, which expands the state’s ban-the-box law by explicitly prohibiting employers from inquiring into an applicant’s expunged criminal history. Effect...

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Not Up In Smoke: Employers Can Still Enforce Drug Policies- (1/4/2018)
United States-

Seyfarth Shaw LLP Jinouth Vasquez Santos and David D. Kadue December 21 2017 Seyfarth Synopsis: California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in Janua...

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International Headlines


Cannabis au travail : les employeurs invités à passer à l’action- (1/31/2018)
Canada-

Stikeman Elliott LLP - Tamara Ticoll L’usage de la marihuana à des fins médicales est actuellement légal au Canada et on s’attend à ce que la consommation récréative de marihuana soit elle aussi légalisée en 2018. Les employeurs ont tout intérêt à se préparer à cette situation. Voici quelques mes...

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Quebec Cannabis Bill Not Clear on Consumption in the Workplace- (1/31/2018)
Canada-Quebec

Langlois Lawyers LLP - Raphaël Buruiana and Charles Wagner This article originally appeared on The Lawyer’s Daily website published by LexisNexis Canada Inc. on December 21, 2017. In prevision of the legalization of cannabis, which will become effective on July 1, 2018, provinces had to provid...

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Random Drug and Alcohol Testing on Hold in Alberta- (1/16/2018)
Canada-Alberta

Bennett Jones LLP - Laura Inglis and Michael S. Sestito Justice Belzil of the Alberta Court of Queen's Bench has granted an injunction prohibiting Suncor Energy Inc. (Suncor) from implementing random drug and alcohol testing at its work site north of Fort McMurray (Unifor, Local 707A v Suncor Ene...

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International HR - Offer Letters and Employment Contracts- (1/4/2018)
Select One-

DEC. 26, 2017 BY SAMINA WEIL Fisher Phillips When a US company decides to hire an employee in another country the question of whether to send the applicant an offer letter inevitably arises. Sending an offer letter prior to the final contract is normal practice in the US. But this is not the cas...

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Legislated Drug Testing in the Workplace
Canada-
7/9/2018
Oregon Court Dismisses FCRA Class Claim Against Employer
United States-Oregon
7/9/2018
Who Are You?: The Legal Implications of Employee Personality Testing
United States-
4/17/2018
Opioid Crisis Proposals and Funding
United Kingdom-
4/17/2018
San Francisco is Likely to Amend its Ban-the-Box Law
United States-California
4/17/2018
Budding Development: States Requiring Employers to Tolerate Medical Cannabis Use
United States-
4/17/2018
Criminal Record Screening Policies Continue to Raise Important Compliance Issues
United States-
4/17/2018
Is The EEOC’s Background Check Guidance In Jeopardy?
United States-Texas
3/27/2018
Possession of "small amount" of marijuana was just cause to fire employee
Canada-
3/27/2018
Washington State’s New Ban-the-Box Law Completes the West Coast Trend
United States-
3/27/2018
Retailers Can Maintain Drug Free Workplace Despite State Legalization of Marijuana
United States-
3/27/2018
Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?
United States-
3/27/2018
Legalization of Marijuana: Managing this New Workplace Reality
Canada-
2/13/2018

Canada-
2/13/2018
Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants
United States-Maine
2/9/2018

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