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Illinois: Get Ready for Marijuana Legalization in 2020

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January 1, 2020

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Illinois is the eleventh state in the nation to legalize marijuana for recreational use, and the first to approve commercial sales of the drug.  House Bill 1438, or the “Cannabis Regulation and Tax Act,” also amends the statewide Right to Privacy in the Workplace Act to explicitly identify marijuana as a lawful product in Illinois.

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May Updates

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This Short List addresses the following topics:
  1. California: Registered Fictitious Business Names May Be Listed on Pay Stubs
  2. Indiana: Leaving Work to Voluntarily Testify is Not Protected
  3. Kentucky: Attorneys Must Represent Employers at Unemployment Proceedings
  4. New York, NY: Bans Pre-Employment Marijuana Testing in 2020
  5. New York, NY: Prohibits Discrimination Based on Employee Sexual and Reproductive Health Decisions
  6. Westchester County, NY: Updated Guidance Issued on Paid Sick Leave

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Delaware: Federal Law Does Not Preempt Employee Protections under Delaware’s Medical Marijuana Law

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December 17, 2018

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In Chance v. Kraft Heinz Foods Company, a Delaware Superior Court judge recently stated that the federal Controlled Substances Act (CSA) does not preempt employee protections under the state’s medical marijuana law (DMMA). Specifically, it relied on Connecticut and Rhode Island cases that distinguish the CSA as merely making marijuana usage illegal, but not prohibiting the employment of marijuana users.

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July Updates

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This Short List addresses the following topics:
  1. California: Janitorial Employers Must Register with Labor Commissioner
  2. New Hampshire Adds Gender Identity as a Protected Category
  3. North Carolina Increases Hiring Opportunities for Individuals with a Criminal History
  4. Texas: 5th Circuit Requires Employer Signature on Mutual Arbitration Agreements
  5. Vermont Issues New Guidance on Marijuana in the Workplace
  6. Washington, D.C. Approves Increased Minimum Wage for Tipped Workers
  7. Washington Governor Fights SCOTUS Arbitration Class Action Waiver Ruling

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Maine: Employer Drug Testing Limited by Recreational Marijuana Law

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All Employers of ME Employees

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February 1, 2018

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Maine citizens voted to legalize recreational marijuana use in 2016. While recreational use of marijuana is permitted, the law allows employers to prohibit the consumption, possession, trade, display, transportation, sale, or growing of marijuana in the workplace, and employers could still maintain substance abuse policies at work.  However, the drug testing provision related to recreational marijuana use, effective February 1, 2018, significantly limits an employer’s ability to perform drug tests.