Although cannabis usage is now legal in the State of California, employers may still prohibit its use in the workplace. Effective in January, California legalized the “recreational” use of cannabis for adults 21 years and older. Proposition 64, the Adult Use of…
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Opioids, Marijuana and Substance Abuse Issues Present Both Familiar and Groundbreaking Challenges to Employers
With the advent of marijuana decriminalization and expanded use for medicinal purposes, the legal and human challenges regarding the opioid crisis also are expanding. One of the most challenging issues is knowing how and when to address an employee who appears to be…
The True Cost of Marijuana Legalization
CNN Money recently reported that $18 billion in tax revenue could be created if marijuana were legalized nationwide. But the benefits – both in terms of crime rates, health and revenue – are under scrutiny. Bills on the federal level have been introduced in both the…
Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants
This month, Maine has become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products. The “Question 1 – An Act to Legalize Marijuana” (The Act) was approved in November by Maine…
Kansas City, Missouri, Enacts Ban-the-Box-Plus Ordinance
In early February, the Kansas City, Missouri City Council passed restrictions on employers’ inquiries into, and use of, criminal record information. Effective June 9, 2018, employers may not inquire about an applicant’s criminal history until after it has been…
EEOC’s Background Check Guidance Suffers Loss in Texas Federal Court
In early February, a federal judge enjoined the Equal Employment Opportunity Commission (EEOC) and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment…
Does Your State Ban the Box with Job Applications? What You Need to Know
As of September, more than 150 cities and counties and 29 states have adopted laws that limit what employers can ask job applicants. The “ban the box” legislation is designed to give individuals with a criminal history a fair chance at employment. The law, however,…
Salary History Question Off Limits on Job Applications: What Should Employers Do to Stay Compliant?
California recently joined a growing number of cities and states to pass a law that bans salary history questions. Prompted by concerns about gender- and race-based wage discrimination, the law is designed to prevent employers from using past compensation as a basis…
What is Considered ‘Sexually Explicit’ in a Social Media Hiring Report?
With social media now providing an expansive amount of shared information, it is important for individuals to consider what could be deemed an inappropriate post to a potential employer. It is always important for employers to consider the context – in other words, a…
Jury Awards Nearly $70.6 Million in Yacht Rape Case
A stewardess on board the Endless Summer yacht, docked at Universal Marine Center in Fort Lauderdale in 2015, was awarded nearly $70.6 million in damages after she sued the yacht’s owner following an incident involving the yacht’s deckhand. Rafael…