Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Sunday, December 3, 2017

Looking into labor employment law issues in an era of marijuana reform

An important and enduring issue, and one being covered by a student presentation this week in my Marijuana Law, Policy & Reform seminar, concerns labor and employment law in the era of state marijuana reforms.  Here are an array of materials assembled by this student as background on this topic:

The Essentials:

ACLU, "State-by-State Workplace Drug Testing"

Joseph Yastrow, A Survey of Medical Marijuana Laws Impacting the Workplace

What types of drug tests do employers use? How are they different?:

"Drug Tests - Methods of Detecting Cannabis Use"

Overview of federal employment drug testing:

Executive Order 12564: Drug-free Federal workplace

Omnibus Transportation Employee testing Act of 1991

 Case Law about employment discrimination and medical marijuana:

James v. City of Costa Mesa, 700 F.3d 394 (9th Cir. 2012) 

Coats v. Dish Network, LLC, 350 P.3d 849 (Colorado 2015)

Noffsinger v. SSC Niantic Operating Company LLC, --- F.Supp.3d ----, 2017 WL 3401260 (D. Conn. August 8, 2017). 

Ohio's law and challenges: not much protection to employees, while employers who struggle to fill positions due to high drug test failure rates:

Ohio Revised Code Section 3796.28: Rights of employer

"Failed drug tests keep Ohio jobs unfilled"

"Opioid Crisis Looms Over Job Market, Worrying Employers And Economists"

"Economy Needs Workers, but Drug Tests Take a Toll"

"National Unemployment Rate at 4.1 Percent through October 2017"

http://lawprofessors.typepad.com/marijuana_law/2017/12/looking-into-employment-law-issues-in-an-era-of-marijuana-reform.html

Business laws and regulatory issues, Employment and labor law issues | Permalink

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