Employer Policies on Medical Marijuana Use: Navigating Conflicting Federal and State Laws
Avoiding ADA Liability, Applying Workers' Comp Laws, and Amending Drug Policies
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will equip employment counsel with the practical techniques needed to navigate a growing challenge to develop and implement policies on medical use of marijuana (if legal under state law) by employees. Our experienced panelists will outline strategic techniques to avoid disability discrimination liability, navigate inconsistencies among state and federal laws regarding marijuana use, and ensure that employer policies are updated to reflect the current and evolving landscape on state marijuana laws.
- Medical use statutes and their qualifications and limitations
- Recreational use statutes and their qualifications and limitations
- Federal statutes
- Controlled substances Act
- ADA implications
- Interaction with employment contracts and collective bargaining agreements
- Interaction with state unemployment laws and workers’ comp
- Future expectations
The panel will review these and other key issues:
- What factors should counsel consider when reviewing and revising employer drug use policies to reflect medical marijuana statutes passed across the U.S.?
- What are the ADA and state disability discrimination implications on terminating employees who use medical marijuana and how can employers avoid liability?
- How will state statutes interact with employment contracts, workers’ compensation laws and collective bargaining agreements?
- How will state laws be applied which protect lawful off duty activities?
- What are effective approaches for counsel to multi-state companies in reconciling differing state statutes and conflicts with federal law?
Lawrence P. Postol
Mr. Postol concentrates his practice in the firm’s Labor and Employment Law Practice. He has defended... | Read More
Mr. Postol concentrates his practice in the firm’s Labor and Employment Law Practice. He has defended against claims for race, age, sex and disability discrimination. Mr. Postol has also handled FLSA, ERISA and OSHA litigation. He counsels clients on all aspects of employment law and has particular expertise with respect to ADA compliance. Mr. Postol has successfully argued over three dozen cases in the U.S. Court of Appeals and two cases before the U.S. Supreme Court.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