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Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

September 6, 2023 

by Dorsey & Whitney & Josh Hughes

Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states...

VIEW ALL POSTS ABOUT: Background Checks, Drug & Alcohol Use, Privacy Rights
Minnesota Has Loosened Restrictions on Edible Products Containing THC  – What Does that Mean for Minnesota Employers?

Minnesota Has Loosened Restrictions on Edible Products Containing THC – What Does that Mean for Minnesota Employers?

July 20, 2022 

by Dorsey & Whitney

What is the current Minnesota law regarding edible products containing THC? An inconsistency in two amended provisions of  Minnesota Statute § 151.72 has resulted in what some have deemed the legislature “accidentally” legalizing edible products containing certain amounts of hemp-derived...

POSTED IN Drug & Alcohol Use
OSHA Weighs in on Retaliation and Drug Testing

OSHA Weighs in on Retaliation and Drug Testing

September 15, 2016 

by Dorsey & Whitney

QUESTION: We conduct drug testing whenever an employee is injured at work or in involved in an accident. I recently read that this may violate OSHA’s anti-retaliation rule. How can that be? I would think OSHA would want employers to...

POSTED IN Drug & Alcohol Use, General, Investigations, Retaliation
Quirky Question #228, E-Cigarettes: To Vape or Not to Vape at the Workplace

Quirky Question #228, E-Cigarettes: To Vape or Not to Vape at the Workplace

April 30, 2014 

by Dorsey & Whitney

Question: Our California company has a no smoking policy but had not thought to include a ban on e-cigarettes, as we had not experienced any problems with them at the workplace until now.  A handful of our employees use e-cigarettes...

POSTED IN California Questions, Drug & Alcohol Use
Quirky Question #213, Holiday Parties – Potential Sources of Liability

Quirky Question #213, Holiday Parties – Potential Sources of Liability

November 18, 2013 

by Gabrielle Wirth

Question: We are in the midst of preparing for our 2013 holiday party. We plan to schedule an evening event and intend to provide our employees and their guests with free food, entertainment, and alcohol; after all, we’ve worked hard...

POSTED IN Common Law Claims, Drug & Alcohol Use
Quirky Question #211, Marijuana Use

Quirky Question #211, Marijuana Use

November 1, 2013 

by Gabrielle Wirth

Question : One day during the lunch break, as I was heading to my car in the parking lot, I discovered two employees smoking what smelled like pot.  I approached the employees and reprimanded them for engaging in illegal activities...

POSTED IN Discipline and Discharge, Drug & Alcohol Use
Quirky Question # 178: Medical Marijuana and the ADA

Quirky Question # 178: Medical Marijuana and the ADA

July 25, 2011 

by Gabrielle Wirth

Question: We are a large company with operations in several states. Three of the states in which we operate permit medical marijuana use: California, Oregon, and Washington. One of our factory employees, working in an Oregon location, recently requested that...

VIEW ALL POSTS ABOUT: Disability Discrimination, Drug & Alcohol Use
Quirky Question # 172, Employing Cigarette Smokers

Quirky Question # 172, Employing Cigarette Smokers

April 19, 2011 

by Dorsey & Whitney

Question: Our company recently adopted a policy of not employing cigarette smokers.  We decided to adopt the policy to (1) reduce health our care costs and (2) set a positive example given our business’s relation to health.  We now have...

VIEW ALL POSTS ABOUT: Drug & Alcohol Use
Voluntary Leave Policy, Quirky Question # 35

Voluntary Leave Policy, Quirky Question # 35

May 7, 2008 

by Dorsey & Whitney

Quirky Question # 35: I am the HR Director for a large company with operations in Alaska.  Our Alaska-based employees work on a rotating schedule of two weeks on / two weeks off.  Many of these employees commute from the...

VIEW ALL POSTS ABOUT: Drug & Alcohol Use, Leave Issues
Medical Marijuana Use In the Workplace, Quirky Question # 21 (California Issue)

Medical Marijuana Use In the Workplace, Quirky Question # 21 (California Issue)

February 13, 2008 

by Dorsey & Whitney

Quirky Question # 21: We recently made a job offer to a gentleman as a lead systems administrator in the California division of our telecommunications company.  As part of our routine pre-employment drug testing, he tested positive for marijuana.  However,...

VIEW ALL POSTS ABOUT: California Questions, Drug & Alcohol Use
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Published by attorneys in Dorsey’s Labor & Employment practice group, Dorsey Work Watch explores the legal and cultural forces shaping today’s workplace and provides a balanced perspective on federal trends and the nuances created by evolving state and local laws and regulatory changes.

Dorsey Work Watch offers insights to help executives, managers, in-house counsel, and HR professionals in managing challenges in the dynamic workplace, making informed decisions while managing risks.

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avatar for Jack SullivanJack Sullivan

Jack is a Partner in Dorsey’s Labor & Employment group, where he focuses his practice on employment adv...

avatar for Nisha VermaNisha Verma

Nisha has delivered results for her clients with respect to all aspects of employment litigation, including com...

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avatar for Aaron GoldsteinAaron Goldstein

Aaron is a Partner in Dorsey’s Labor & Employ...

avatar for Hannah GreenHannah Green

Hannah is an associate in the Costa Mesa offic...

avatar for Michelle HaynesMichelle Haynes

Michelle’s practical and thorough approach to l...

avatar for Susan LorencSusan Lorenc

Susan is a strategic labor and employment advisor...

avatar for Nick PappasNick Pappas

Nick litigates and counsels with respect to com...

avatar for Ketul PatelKetul Patel

Ketul advises employers on the full spectru...

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The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date, and may not reflect the most current legal developments. The opinions expressed on the blog are the opinions of the authors only and not those of Dorsey.

ATTORNEY ADVERTISING
Some of the content on this blog is considered Attorney Advertising under the applicable rules of certain states. Results depend on a number of factors unique to each matter. Prior results do not guarantee a similar outcome.

PRIVACY POLICY STATEMENT
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