NJ Cannabis Regulatory Commission Presses Pause on Physical Evaluation Requirement for Drug Testing

As we discussed in a previous alert, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) brought new employment protections for job applicants and employees who lawfully use cannabis off-duty. In addition, CREAMMA preserved an employer’s right to conduct drug testing of its workforce, but added a new requirement: testing for suspected use of cannabis must be accompanied by a physical evaluation to determine the employee’s level of impairment while engaged in performing job duties, as conducted by an individual certified to opine on the employee’s state of impairment.

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New York Issues NY HERO Act Standard and Model Plan — A Playbook for the Next Pandemic

This week, the New York State Department of Labor issued the new Airborne Infectious Disease Exposure Prevention Standard and model template plan under the NY HERO Act. However, with no current designation for COVID-19 as a “highly contagious communicable disease” by the New York State Commissioner of Health, the model plan is more of a playbook for the next outbreak.

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Clearing the Fog: What Employers Should Look Out for Following Connecticut’s Legalization of Recreational Cannabis

Connecticut has joined the budding number of states legalizing recreational cannabis use. On June 22, 2021, Connecticut Gov. Ned Lamont signed An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (RERACA), which permits adults ages 21 and older to possess and use recreational cannabis. While the added strain on employers will not take effect until July 1, 2022, organizations should begin reviewing their current drug screening and testing policies and processes with employment counsel — and revisit training with hiring managers, HR professionals and supervisors.

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EEOC Issues New COVID-19 Guidance Addressing Vaccinations in the Workplace

Today, after much anticipation and just in time for the Memorial Day holiday, the Equal Employment Opportunity Commission released updated guidance on COVID-19 vaccination issues raised under federal equal employment laws. We outline five things you need to know about the new guidance.

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Employers Beware: New York Protects Off-Duty Use of Recreational Cannabis

The adoption of the Marijuana Regulation and Taxation Act (MRTA) makes New York the latest state to legalize recreational cannabis use for adults age 21 and older. This new law expands employment protections for those engaging in lawful off-duty use of cannabis — and since it’s effective immediately, New York employers should review and update their drug and alcohol testing policies quickly.

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Getting Into the Weeds: What the Legalization of Recreational Cannabis Means for New Jersey Employers

New Jersey recently joined a growing number of states and territories — including Alaska, Arizona, Colorado, California, Washington, D.C., Illinois, Maine, Massachusetts, Montana, Nevada, Oregon, South Dakota, Vermont and Washington — legalizing recreational marijuana or cannabis. New Jersey Gov. Phil Murphy enacted the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) on February 22, 2021 — legalizing the recreational use of cannabis for adults ages 21 and older — after New Jersey voters overwhelmingly passed a ballot initiative last November. The law comes with new employment protections for off-duty cannabis users that will significantly change how employers screen and conduct drug testing of job applicants and employees.

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