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Employment Law: Marijuana, Drug Testing, and Other Conflicting Laws
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4/7/2020
When: Tuesday, April 7, 2020
Where: United States

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Photo: Bob Gregg

Employment Law: Marijuana, Drug Testing, and Other Conflicting Laws

Tuesday, April 7, 2020

12:30 pm - 2:30 pm MT

Bob Gregg

Starting at $265

Can’t attend? OnDemand playback is included.
2.5 CE Credits

After 100 years of being illegal everywhere as a Federally-controlled substance, now some form of marijuana or hemp is legal almost everywhere. Only four states have not enacted laws allowing some form of cannabis, marijuana, THC, hemp, CBD. Even the Federal government has exempted certain medical uses of CBD from the Controlled Substance list.

State laws range from limited prescription use of CBD oils for specific medical conditions, to full-out recreational use. Some states or cities have passed laws prohibiting employers from testing for marijuana or from disciplining or discharging those who use and/or test positive.

In 2020 more states legalized recreational use. Cross a state line and the rules change greatly. For Human Resources, knowing the law in your location may not be enough. Do you have branches in other states? Are you close to a line, and have employees commute from a recreational use state? Can your policy prohibit them from using a “legal product” at home? And, the law in your state may change – at any time, in this rapidly developing area.

Other laws further complicate the situation. The ADA reasonable accommodation; privacy laws; Federal Contractor’s Drug-Free Workplace Act applies if you have a Federal contract (or are a sub-contractor), D.O.T. Transportation Testing Rules and more, come into play in employee use situations. Some of these seem to trap you in conflicting requirements.

Covered Topics

· What is marijuana? What is not? Not all cannabinoids are the same.

· The basic state models. From zero-tolerance to open use.

· Not all recreational use states are the same – differing standards for employer actions.

· Some rules you can apply everywhere. Regardless of the state law.

· Understand the additional impact of other laws (ADA, FMLA, etc.)

· Learn about the do's and don'ts of testing

· Learn the elements of a "proper" multi-state policy for marijuana

Who Should Attend?

Human Resources Managers, Safety & Security personnel, Branch Managers, Executives, Supervisors.

About The Presenter

Bob Gregg, Boardman & Clark Law Firm in Madison, Wisconsin, has been involved in employment relations for more than 30 years. He litigates employment cases, representing employers in employment contracts, discrimination cases, FLSA, FMLA and all other areas of employment law. His main emphasis is helping employers achieve enhanced productivity, creating positive work environments and resolving employment problems before they generate lawsuits. Bob has conducted over 3,000 seminars throughout the United States and authored numerous articles on practical employment issues. Bob is a member of the Society for Human Resource Management and the National Speakers Association. He is also a National Faculty Member of the American Association for Access, Equity and Diversity and served on the Board of Directors for the Department of Defense Equal Opportunity Management Institute Foundation.

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