Ohio: Marijuana Updates

APPLIES TO All Employers with Employees in OH

EFFECTIVE MAR 20, 2026

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look Ohio’s SB 56 restricts intoxicating hemp sales, imposes new criminal penalties, and bans all public and workplace marijuana consumption. The law reinforces employer protections, including the right to maintain drug-free workplace policies, discipline or terminate employees for prohibited use, and deny unemployment benefits for violations.

Discussion

Effective March 20, 2026, Ohio’s SB 56 brings sweeping changes to the state’s cannabis framework, expanding regulatory oversight and limiting access to unregulated intoxicating hemp products.

 

The law places Ohio’s adult‑use marijuana program under the Division of Cannabis Control and bans the sale of intoxicating hemp products outside licensed marijuana dispensaries, significantly tightening the state’s regulatory structure. It also creates new criminal penalties, making it illegal to possess cannabis legally purchased in another state, prohibiting all public consumption (including edibles), and requiring all cannabis carried in a vehicle to be stored unopened in the trunk or the vehicle’s rearmost compartment.

 

Of note for employers, the law expressly prohibits individuals from smoking, vaporizing, or combusting marijuana in a “public place” or a “place of employment,” reaffirming that employers may maintain drug‑free workplace rules and ban all forms of consumption at work. It also prohibits businesses operating public places from knowingly allowing adult‑use or homegrown marijuana consumption on their premises, which may affect hospitality, entertainment, transportation, and other consumer‑facing industries.

 

SB 56 also reinforces the rights of employers to discipline or terminate employees for marijuana use that violates company policy and clarifies the consequences for employees who violate them. Specifically, an employee discharged for marijuana use in violation of a workplace policy will be ineligible both to serve a waiting period for unemployment compensation and to collect benefits during the period of disqualification.

 

Finally, employers should note that cannabis advocacy groups in Ohio are pursuing a statewide referendum to block SB 56 from taking effect, creating some uncertainty about the law’s future. Notwithstanding, SB 56 is set to go into effect on March 20, 2026, unless and until it is formally paused or overturned.

 

Action Items

1. Review and update drug-free workplace policies, if applicable.
2. Continue to monitor future developments.
3. Have appropriate personnel trained on drug-free workplace requirements.

 

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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. © 2026 ManagEase

Pennsylvania: CHRIA Protects Voluntarily Offered Criminal History Information

APPLIES TO All Employers with Employees in PA

EFFECTIVE JAN 28, 2026

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look The Third Circuit has expanded Pennsylvania’s Criminal History Record Information Act, holding that criminal history information is protected even when an applicant voluntarily discloses it.

Discussion

A recent decision from the U.S. Court of Appeals for the Third Circuit has expanded the scope of Pennsylvania’s Criminal History Record Information Act (CHRIA) by holding that the law may apply even when an employer receives criminal history information directly from a job applicant rather than through a background check.

 

The case, Phath v. Central Transport, arose after a driver applicant disclosed during the hiring process that he had a 2008 armed‑robbery conviction. After learning of the conviction, Central Transport informed him that he would not be hired, prompting the applicant to sue under CHRIA for allegedly relying on criminal history information that did not relate to his suitability for the position and for failing to provide the required written notice.

 

A federal district court dismissed the suit in 2024, concluding that CHRIA did not apply because the employer obtained the information through the applicant’s voluntary disclosure rather than from a state criminal history record. On appeal, however, the Third Circuit rejected that interpretation, instead holding that CHRIA’s protections turn on the type of information received, not the source from which the employer obtained it. Because felony convictions are within the definition of “criminal history record information,” the court found that such information does not lose its protected status simply because an applicant self‑discloses it rather than the employer obtaining it through a formal background check.

 

The court also addressed CHRIA’s exemptions under Section 9104, which exclude certain public sources such as court records and police blotters. Importantly, the court held that those exemptions did not apply in this case because the employer did not obtain information from an exempt source, but rather from the applicant himself, a source that does not appear among the statutory exemptions. As a result, the court concluded that the applicant’s disclosure still qualified as criminal history record information for purposes of CHRIA.

 

The ruling confirms that information may be protected under the statute even when voluntarily disclosed by an applicant, and employers may consider felony or misdemeanor convictions only when they relate to the applicant’s suitability for the position.

 

Action Items

1. Review and update hiring and application procedures for compliance with CHRIA requirements, even when information is voluntarily disclosed.
2. Have appropriate personnel trained on the requirements.

 

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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. © 2026 ManagEase

Discussion

Utah: Failure to Accommodate Request for a Medical Alert Dog in Employee Housing

On January 13, 2026, in O’Connor v. Collett’s Mountain Resorts, Inc., a Utah federal district court said that where housing was made available only to employees, it was considered a covered privilege of employment for purposes of a disability accommodation. Meaning, when the employee requested an accommodation to allow his diabetes service dog to live in the employer-provided housing, it was a protected activity. Further, the plaintiff alleged the employer terminated him shortly after saying that he needed a service dog for his disability, and the reasons the employer gave for the termination all stem from the requested accommodation. Ultimately, the court said that sufficient information was pled to claim failure to accommodate, discrimination, and retaliation claims under federal and state law.

 

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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. © 2026 ManagEase

Discussion

Washington: Revised Rules for Meal and Rest Break Requirements for Healthcare Workers

On January 29, 2026, Washington’s Department of Labor & Industries (L&I) issued an update to Administrative Policy HLS.A.2 clarifying meal and rest break requirements for certain healthcare workers following statutory changes enacted under HB 1879 in 2025. The revised policy provides guidance on when meal and rest break waivers are permissible, provides new and expanded examples illustrating waiver and timing scenarios, and includes two additional examples addressing meal‑break timing obligations. Facilities employing covered healthcare workers should review their policies, waiver forms, and scheduling practices for alignment with the new guidance.

 

Washington: New Rules Expanding Enforcement of Immigration-Status Coercion Protections

Effective March 6, 2026, Washington’s L&I has issued new rules implementing SB 5104, which prohibits employers from using a worker’s real or perceived immigration status to deter protected workplace activity. While the law broadly bans coercive or threatening communications related to immigration status and authorizes L&I to investigate complaints and issue escalating civil penalties, the newly finalized rules significantly expand clarity around enforcement. The rules define a wide range of employer communications as potentially coercive, tie protections to a broad set of labor and anti‑discrimination rights, allow employees 180 days to file complaints, and confirm that L&I may pursue violations identified during any investigation. Because enforcement is already active and applies retroactively to conduct occurring after July 1, 2025, employers should review policies, communication practices, and complaint‑handling procedures for compliance.

 

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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. © 2026 ManagEase

USCIS Pauses Immigration Benefits and Increases Premium Processing Fees

APPLIES TO All Employers

EFFECTIVE As Indicated

QUESTIONS? Contact HR On-Call (888) 378-2456

Quick Look USCIS issued a policy memo placing a hold on certain pending immigration benefits for individuals from 19 designated countries. The hold includes a comprehensive re-review of approved benefits which may result in workforce disruption for employers. USCIS published a final rule raising premium processing fees for certain applications to account for inflation.

Discussion

USCIS Pauses Certain Immigration Benefits

 

U.S. Citizenship and Immigration Services (USCIS) issued a policy memo on December 2, 2025 which: (1) placed a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal) for immediate review; (2) placed a hold on pending benefit requests for individuals from 19 designated countries; and (3) required a comprehensive re-review of approved benefit requests from individuals from 19 designated countries who entered the U.S. on or after January 20, 2021.

 

The memo cites Executive Order 14161, Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, as the primary source of the need for the pause on immigration benefits and re-review of approved benefits. The Executive Order’s purpose was to “safeguard U.S. citizens from aliens who may seek to commit terrorist acts, pose threats to national security, promote hateful ideologies, or exploit immigration laws for malicious purposes.” In furtherance of the Executive Order’s purpose, Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, identified 19 countries of concern from a national security perspective. The entry into the U.S. of nationals of the following countries is suspended and limited:

 

·       Afghanistan	·       Cuba	·       Laos	·       Togo
·       Burma (Myanmar)	·       Equatorial Guinea	·       Libya	·       Turkmenistan
·       Burundi	·       Eritrea	·       Sierra Leone	·       Venezuela
·       Chad	·       Haiti	·       Somalia	·       Yemen
·       Republic of the Congo	·       Iran	·       Sudan

 

The pause in benefits may result in delays for work authorization, obtaining or maintaining nonimmigrant status, and progressing through employment-based application processes. The following benefits will be impacted (but the memo makes clear the list is non-exhaustive):

 

Benefit Category	Description
Form I-90	Application to Replace Permanent Resident Card
Form I-129	Petition for Nonimmigrant Worker
Form I-131	Application for Travel Documents, Parole Documents, and Arrival/Departure Records
Form I-140	Immigrant Petition for Alien Workers
Form I-485	Application to Register Permanent Residence or Adjust Status
Form I-539	Application to Extend/Change Nonimmigrant Status
Form I-751	Petition to Remove Conditions on Residence
Form I-765	Application for Employment Authorization
Form N-470	Application to Preserve Residence for Naturalization Purposes

 

Employers should plan for workforce disruptions including onboarding of individuals pending nonimmigrant visa approval or renewal and renewal of employment authorization documents (EADs). Employers should proactively audit their Forms I-9 for EAD expiration dates and provide advance notice to employees. USCIS has not stated how long the pause will be in place.

 

USCIS Increases Processing Fees

 

Effective March 1, 2026, USCIS is increasing its premium processing fees to account for inflation. The published final rule provides for the following increases:

 

Form	Current Fee	New Fee (March 1, 2026)
Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status	$1,685	$1,780
Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications: ·       E-1, E-2, E-3 ·       H-1B ·       H-3 ·       L-1A, L-1B ·       LZ ·       O-1, O-2 ·       P-1, P-1S, P-2, P-2S, P-3, P-3S ·       Q-1 ·       TN-1, TN-2	$2,805	$2,965
Form I-140, Immigrant Petition for Alien Worker, employment-based classifications: ·       E11, E12, E13, E21 (NIW and non-NIW), E31, E32, EW3	$2,805	$2,965
Form I-539, Application to Extend/Change Nonimmigrant Status, requesting: ·       F-1, F-2 ·       J-1, J-2 ·       M-1, M-2	$1,965	$2,075
Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications)	$1,685	$1,780

 

Action Items

1. Review Forms I-9 for pending EAD expiration dates and notify employees of requirement for updated EADs.
2. Consult with legal counsel regarding pending nonimmigrant visa applications (e.g., H-1B, etc.).
3. Provide revised premium processing fees for new applications, as applicable.

 

 

Ninth Circuit: DHS Exceeded Authority in Terminating TPS for Venezuela and Haiti

On January 28, 2026, in National TPS Alliance v. Noem, the Ninth Circuit Court Appeals agreed with a lower court ruling that the Department of Homeland Security (DHS) exceeded its authority when it vacated Temporary Protected Status (TPS) for Venezuela and Haiti. In reaching its ruling, the court found that DHS did not follow proper procedure when reaching its determination that conditions in Venezuela and Haiti no longer met the conditions for TPS designation. Employers should note this ruling does not restore TPS protections for beneficiaries from Venezuela and Haiti since a U.S. Supreme Court order from October 2025 is still in place preventing emergency relief to TPS beneficiaries. In addition, DHS is likely to appeal the court’s ruling to the U.S. Supreme Court.

 

USCIS Announces H-1B Initial Registration Period

USCIS announced that the initial registration period for the fiscal year 2027 H-1B cap will open at 12 p.m. ET on March 4, 2026 and run through 12 p.m. ET on March 19, 2026. H-1B petitioners subject to the H-1B cap must register each beneficiary using a USCIS online account. Registration is required for the selection process, as well as a $215 registration fee for each registration. Representatives of multiple petitioners can use a single account to add company clients. USCIS anticipates sending selection notifications by March 31, 2026, to users’ USCIS online accounts.

 

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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. © 2026 ManagEase