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New Jersey: After Hours Medical Marijuana May Have to be Accommodated

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March 10, 2020

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A recent New Jersey Supreme Court case said that employers could face a disability discrimination claim if they fail to consider reasonable accommodations for medical marijuana use, even outside the workplace and after working hours.  Although the state’s Compassionate Use Medical Marijuana Act (CUMMA) does not require employers to accommodate marijuana use in the workplace, the court indicated that CUMMA does not protect an employer from actions that violate the New Jersey Law Against Discrimination (NJLAD) – such as discriminating against someone for using medical marijuana after hours.

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April Updates

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This Short List addresses the following topics:
  1. IRS Issues HSA-Compatible High Deductible Health Plan Guidance in Response to COVID-19
  2. San Francisco, CA: New Minimum Compensation Ordinance Rates Effective July 1
  3. New Jersey: Enforcement Guidance Released on Statewide Equal Pay Act
  4. New York: Workers on Strike Can File for Unemployment After Just Two Weeks
  5. Pittsburgh, PA: Revised Guidelines for Local Paid Sick Leave Available
  6. Utah: Private Employers Need Not Accommodate Medical Marijuana
  7. Virginia: Hairstyle, Type and Texture Protected from Racial Discrimination

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February Updates

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This Short List addresses the following topics:
  1. IRS Mileage Rates for 2020
  2. Fair Chance Act Now Applies to Federal Contractors and Agencies
  3. ACA “Cadillac Tax” Repealed
  4. California: Employer Fails to Provide Legal Business Name on Wage Statement
  5. Michigan: Paid Sick Leave and Minimum Wage Update
  6. New Jersey: Medical Marijuana is a Reimbursable Medical Expense
  7. New York: Tipped Workers in Some Industries Must Soon be Paid Full Minimum Wage
  8. New York: Companies Must Report Number of Women on Boards of Directors
  9. New York: Farm Laborers Fair Labor Practices Act on Temporary Hold

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New Jersey: Adds Protections to Medical Marijuana Use by Employees

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July 2, 2019

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As of July 2, 2019, the Compassionate Use Medical Cannabis Act now prohibits employers from taking any adverse employment action against a qualified employee based solely on the employee’s status as a registered medical marijuana user. The law applies to employees who have been authorized by a healthcare provider to use medical marijuana, and are registered as such with the state. Additionally, employees have the right to explain drug test results and the employer must provide written notice of their right to explain.

The Act now makes clear that employers can prohibit possession or use of marijuana during work hours or on the premises of the workplace outside of work hours. Additionally, the Act does not require an employer to take action that would cause the employer to be in violation of federal law, lose a licensing-related benefit, or lose a federal contract or funding.

Action Items

  1. Have employment handbooks and substance abuse policies updated consistent with the new law.
  2. Update drug testing procedures for notice requirements and protections.
  3. Have managers trained on recognizing signs of impairment and how to handle workplace substance abuse.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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.

© 2019 ManagEase

New Mexico: What’s New in New Mexico? A Lot of Employment Laws

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June 14, 2019 (Unless otherwise noted)

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New Mexico employers, brace yourselves: new employment laws are coming.  The state legislature has enacted a flurry of new laws that affect employment practices, covering a variety of areas like gender-neutral bathrooms, unions, health benefits, medical marijuana, and leave time.  Below is a summary of key provisions in these legislative updates.  Unless otherwise noted, all provisions will take effect on June 14, 2019.

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New Hampshire: Medical Marijuana May Be a Reimbursable Workers’ Compensation Expense

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March 7, 2019

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The New Hampshire Supreme Court recently stated that a workers’ compensation carrier could not deny an employee’s request for reimbursement of medical marijuana to treat a work-related injury.  In the Appeal of Andrew Panaggio, an employee suffered a lower back injury that resulted in permanent impairment and ongoing pain.  He was prescribed opioids to treat the pain, but due to negative side effects, he was later issued a cannabis registration card authorizing medical marijuana use.  However, the workers’ compensation carrier denied payment of the medical marijuana, alleging that it was not “reasonable/necessary or causally related” to the work injury.

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New Jersey: Medical Marijuana Protected from Workplace Discrimination

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March 27, 2019

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In Wild v. Carriage Funeral Holdings, Inc., the New Jersey Court of Appeal stated that although the Compassionate Use Medical Marijuana Act does not prohibit discrimination for use of medical marijuana, the Law Against Discrimination (LAD) may. There, an employee used medical marijuana as part of his cancer treatment. While driving for work, the employee was struck by another vehicle that ran a stop sign. Although the emergency room treating physician did not observe the employee to be under the influence and did not perform a blood test noting that the employee had a medical marijuana card, the employer required a blood test before the employee could return to work and ultimately terminated him.

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April Updates

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This Short List addresses the following topics:
  1. OFCCP: Corporate Scheduling Announcement List Published for Federal Contractors
  2. VEVRAA Hiring Benchmark Lowered for Affirmative Action Plans
  3. Fifth Circuit: Independent Contractor Classification in Oilfield Industry Re-visited
  4. California: NEW Posting Requirement as of April 1, 2019
  5. California: Required Employee Pamphlets Updated
  6. California: Employers Are Liable for Wage and Hour Claims Without Accurate Time Records
  7. Reminder: San Francisco 2018 Employer Reporting Deadline is April 30, 2019
  8. San Francisco, CA: Minimum Wage to Increase July 1, 2019
  9. Massachusetts: State and Federal Overtime Exemptions are Not Identical
  10. Michigan: Paid Sick Leave FAQ’s and Poster Released
  11. New York: 24-Hour Home Care Pay Decided by Court of Appeal
  12. Oklahoma: Medical Marijuana Accommodations Clarified
  13. South Carolina: Labs Liable to Workers for False Positive Drug Tests

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Oklahoma: Voters Legalize Medical Marijuana Use

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July 26, 2018

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Oklahoma voters recently approved a ballot measure to legalize medical marijuana use, making the state the 30th in the nation to permit such use.  Unlike some other states, the Oklahoma measure allows doctors to prescribe medical marijuana for any medical condition, rather than restricting its use to treating specific conditions.

Under the new law, patients who are legally prescribed medical marijuana will receive state ID cards and are permitted to carry up to 3 ounces of cannabis in public.  Additional amounts of cannabis, as well as up to six cannabis plants, may be stored in the patient’s home.

The ballot measure as drafted also contains anti-discrimination protections for medical marijuana license holders.  Employers are generally prohibited from discriminating against license holders when making hiring or termination decisions, or when imposing any term or condition of employment that penalizes an individual solely based on their status as a medical marijuana license holder or results of a drug test positive for marijuana or its components, unless failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law.  Additionally, employers are still free to take action against employees who use or possess marijuana on the employer’s premises or during hours of employment.

Action Items

  1. Review the text of the ballot measure here.
  2. Have substance abuse policies and drug testing protocols updated for compliance.
  3. Have managers trained on new permissions.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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.

© 2018 ManagEase

New Jersey: Qualifying Conditions for Medical Marijuana Use Expanded

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March 27, 2018

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Although New Jersey has legalized medical marijuana use since 2010, a recent executive order greatly expands the conditions for which individuals may apply for medical marijuana.  Previously, medical marijuana was approved to treat specified conditions, such as cancer, HIV/AIDs, and any terminal illness, among others.  Effective March 27, 2018, the New Jersey Department of Health has added five new categories of conditions that may be treated with medical marijuana.