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"

https://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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