Employer Policies and Medical Cannabis in a Changing Legislative Environment
Avoiding ADA Liability, Applying Workers' Comp Laws, Amending Drug Policies
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address how employers can craft enforceable workplace drug policies and maintain random drug-testing procedures and post-accident drug-testing protocols as typically required by insurers in today's landscape of state cannabis legalization. The panel will delve into the legal pitfalls facing businesses and their counsel, as well as practical strategies to maintain a drug-free workplace while remaining in compliance with these laws and several recent cases.
- Examining the impact of cannabis legalization on the hiring process
- Wrongful termination
- Pro-employer series of state cases
- Pro-employee series of state cases
- Scientific analysis of current cannabis and drug testing and the issues such testing presents for employers
- Interplay of state and federal laws, including the ADA and FMLA, in workplace drug policies
- Best practices for employers in structuring workplace drug policies and performing drug testing of employees
The panel will review these and other relevant topics:
- What are the national trends in cannabis legalization and how do they affect employers?
- What are the risks of excluding potential employees based on medical cannabis use?
- What are best practices for performing random and post-accident drug testing in the workplace?
- How can employers maintain a drug-free workplace and remain compliant with applicable state and federal laws?
Melissa M. Ferrara
Ms. Ferrara represents employers and businesses in a broad range of matters pertaining to employment and labor law.... | Read More
Ms. Ferrara represents employers and businesses in a broad range of matters pertaining to employment and labor law. With experience that includes drafting employment policies, employment and severance agreements, and communications to employees on behalf of clients, she counsels employers on their rights and responsibilities under laws governing family and medical leave, wage and hour, unions, anti-discrimination, and whistleblowers. Ms. Ferrara also conducts employee training sessions and investigates employee complaints and harassment claims. In addition, she represents employers in collective negotiations and in matters of union contract administration — including grievance arbitrations and disciplinary proceedings. Ms. Ferrara also, in support of her clients, appears before the New Jersey Public Employment Relations Commission, the United States Department of Education’s Division on Civil Rights, and the Equal Employment Opportunity Commission.Close
Jill S. Vorobiev
Ms. Vorobiev has been assisting clients with their significant labor and employment matters for more than 20 years. She... | Read More
Ms. Vorobiev has been assisting clients with their significant labor and employment matters for more than 20 years. She has a broad practice, representing corporate clients in state and federal courts as well as before administrative agencies. Her experience includes matters under ERISA, Title VII of the Civil Rights Act of 1964, the False Claims Act, FLSA, the ADA, the FMLA, the Sarbanes-Oxley Act, the ADEA, and various state and local discrimination and employment laws. Ms. Vorobiev regularly counsels and trains employers on federal and state labor and employment laws, civil rights laws, and compliance matters of all kinds. She has reviewed and drafted employment policies, executive employment agreements, noncompete and confidentiality agreements, and severance agreements.Close
David L. Zwisler
Ogletree Deakins Nash Smoak & Stewart
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive... | Read More
Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive audits of employment policies and practices, including drafting and editing employee handbooks, executive contracts, and severance, noncompetition, non-solicitation, confidentiality and trade secret agreements. He also oversees and conducts wage and hour compliance audits and provides counsel on FLSA compliance.Close