Last November, Florida voters approved an initiative to legalize the use of medical marijuana. On June 23, 2017, Governor Rick Scott signed SB 8-A into law.
As of June 23, 2017, medical marijuana use has been legalized in Florida to treat specific qualifying conditions, such as cancer, epilepsy, glaucoma, or PTSD, among others. The bill contains additional provisions directing how medical marijuana may be used and obtained; for example, smoking of medical marijuana is prohibited, whereas consumption of marijuana, vaping, or use of oils, sprays, or tinctures is permitted.
Importantly, the bill also includes employer-friendly provisions that allow businesses to still enforce a drug-free workplace, such as:
- Employers may establish, or continue to enforce, a drug-free workplace program or policy;
- Employers are not required to permit use of medical marijuana at the place of employment;
- Employers are not required to accommodate the use of medical marijuana in the workplace, or to accommodate any employee working under the influence of marijuana;
- Medical marijuana is not reimbursable under the Florida Workers’ Compensation law; and
- SB 8-A does not create any cause of action against employers for wrongful discharge or discrimination related to use of medical marijuana.
Employers with and without policies addressing substance abuse may are recommended to specifically address the organization’s position on medical marijuana use.
San Francisco, CA: New Ordinance Regarding Breastfeeding; Salary History Inquiries Prohibited
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All Employers with San Francisco, CA Employees
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January 1 and July 1, 2018, respectively
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San Francisco employers should be aware of two new ordinances that impact workplace practices. The Lactation in the Workplace Ordinance and the Parity in Pay Ordinance impose new obligations on employers and their managing staff. Key provisions of each ordinance are described below.
Connecticut: Greater Protections for Pregnant Employees
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October 1, 2017
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On July 6, 2017, Governor Dannel Malloy signed a new law that significantly increases existing anti-discrimination protections for pregnant workers. “An Act Concerning Pregnant Women in the Workplace” (the “Act”) goes into effect October 1, 2017. The Act amends the Connecticut Fair Employment Practices Act (“CFEPA”) to add new anti-discrimination protections, provide definitions for “pregnancy,” “reasonable accommodation,” and “undue hardship,” and require employers to notify employees of their rights.
Florida: Medical Marijuana Now Legalized
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All Employers with FL Employees
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June 23, 2017
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Last November, Florida voters approved an initiative to legalize the use of medical marijuana. On June 23, 2017, Governor Rick Scott signed SB 8-A into law.
As of June 23, 2017, medical marijuana use has been legalized in Florida to treat specific qualifying conditions, such as cancer, epilepsy, glaucoma, or PTSD, among others. The bill contains additional provisions directing how medical marijuana may be used and obtained; for example, smoking of medical marijuana is prohibited, whereas consumption of marijuana, vaping, or use of oils, sprays, or tinctures is permitted.
Importantly, the bill also includes employer-friendly provisions that allow businesses to still enforce a drug-free workplace, such as:
Employers with and without policies addressing substance abuse may are recommended to specifically address the organization’s position on medical marijuana use.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2017 ManagEase, Incorporated.
Massachusetts: Employers Must Follow Disability Accommodation Rules for Employees Using Medical Marijuana
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All Employers with Massachusetts Employees
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July 17, 2017
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The Massachusetts Supreme Judicial Court recently ruled that an employee may pursue a disability discrimination claim under state law against an employer for failure to accommodate the employee’s use of medical marijuana. In Baruto v. Advantage Sales and Marking, LLC, the plaintiff was told after accepting an offer of employment that she needed to complete a successful drug test. She informed her employer that she would fail the test due to medical marijuana use for Crohn’s disease. However, she agreed that she would not use marijuana before or during work. The plaintiff failed the drug test as predicted, and ultimately was terminated as a result based on federal law’s treatment of marijuana.
Massachusetts: Increased Employer Responsibilities to Accommodate Pregnancy
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April 1, 2018
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Recently signed into law on July 27, 2017, the Massachusetts Pregnant Workers Fairness Act (the “Act”) goes into effect on April 1, 2018 and builds on existing anti-discrimination regulations. The Act specifically requires employers to provide accommodations for the needs of pregnant Massachusetts employees, including accommodations for nursing mothers, and new notice and recordkeeping requirements.
Nevada: New Nursing Mothers’ Law, Employees’ Right to Discuss Wages, New Domestic Violence Victims’ Leave
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Varies; See Below
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The Nevada legislature has been keeping busy over the past few months. With the passage of several bills concerning pregnant worker’s rights, lactation accommodations, employee wage disclosures, and leave for victims of domestic violence, employers of individuals working in Nevada must keep abreast of many new procedural regulations.
New York: Paid Family Leave Regulations Released
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All Employers of NY Employees
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January 1, 2018
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On July 19, 2017, the New York Workers’ Compensation Board adopted the final regulations for the state Paid Family Leave (“PFL”) issued by the Department of Financial Services on May 16, 2017. The regulations stem from Governor Cuomo including the Paid Family Leave Benefits law in the 2016-2017 State Budget on March 31, 2016. The following are key points employers need to be aware of.
Oregon: State Amends Paid Sick Leave Law Requirements
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Certain Employers with OR Employees
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July 1, 2017 and January 1, 2018
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Oregon’s mandated statewide paid sick leave went into effect on January 1, 2016. The recently signed Senate Bill 299 amends the Paid Sick Time (“PST”) Law, providing clarification on the application of the law, plus new provisions. Important amendments include the following:
Although Senate Bill 299 went into effect on July 1, 2017, the amendments begin to apply to all hours worked and sick time accrued or used on or after January 1, 2018.
Action Items
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2017 ManagEase, Incorporated.
Tennessee: New Reporting Requirements for Healthcare Practitioners’ Drug Tests
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All Employers with TN Employees in the Healthcare Industry
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July 1, 2017
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Tennessee employers in the healthcare industry now have increased responsibilities when conducting employee drug testing. Healthcare practitioner (“HCP”) employers must now “promptly” report if or when (1) an HCP employee refuses to submit to any work-related testing for specific drugs, including pre-hire testing, or (2) when an HCP employee tests positive in a secondary drug test that confirms the presence of a specific drug detected in an initial test. These new reporting requirements are specific to drug testing and do not include alcohol testing.
Washington: State Enacts Job-Protected, Paid Family and Medical Leave
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All Employers with WA Employees
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January 1, 2019
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As of July 5, 2017, Washington joins a few other states in requiring job-protected, paid family and medical leave. Senate Bill 5975 implements the new leave, providing some of the highest income replacement benefits in the nation. Employees may use this leave for the serious health condition of an employee or a family member; the birth, adoption, or placement of a child; or for a qualifying exigency under the Family Medical Leave Act (“FMLA”).