The New Jersey Supreme Court recently affirmed the reinstatement of an employee’s complaint alleging disability discrimination based on his registered medical marijuana user status, reasoning that the employee was entitled to disability protections despite violating the employer’s drug policies. This case, as well as recent amendments to the state’s medical marijuana law, indicate that employers in New Jersey should engage in the interactive process when considering accommodation requests from registered users and should not take any adverse action against a registered user simply because of their status.
New Jersey issues “remain home” directive and limits on business operations
In response to the COVID-19 pandemic, on Saturday, March 21, 2020, New Jersey Governor Phil Murphy issued an executive order that takes effect at 9:00 p.m. The order prohibits social gatherings and contains a “remain home” directive absent proscribed needs, like obtaining food, seeking medical services, visiting family, attending religious services, engaging in outdoor recreation while social distancing, or reporting to or performing your job. Although the order specifically permits New Jersey residents to leave their homes for work, the order limits the operations of certain New Jersey businesses as follows:
Continue Reading New Jersey issues “remain home” directive and limits on business operations
New Jersey grants protections to employees with any infectious disease
Updated on April 8, 2020
Since the effective date of this law, the New Jersey Department of Labor has issued regulations related to same. The regulations make clear that even if an employee is on leave for a protected reason, the employee is not entitled to reinstatement if the employee’s position is eliminated during a
NJ Department of Labor issues guidance on COVID-19
While the New Jersey Legislature is considering legislation to address the employment consequences of COVID-19, the New Jersey Department of Labor and Workforce Development (NJDOL) has published a Q&A regarding COVID-19 and how it interacts with New Jersey’s current employment laws.
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Pennsylvania now permits medical marijuana use for anxiety and Tourette Syndrome
On July 20, 2019, Pennsylvania expanded its list of 17 “serious medical conditions” that qualify for medical marijuana usage under the Pennsylvania Medical Marijuana Act (MMA) to now include anxiety and Tourette Syndrome. Previously, the MMA limited access to designated ailments like cancer, multiple sclerosis, post-traumatic stress disorder and inflammatory bowel disease, and terminal illnesses
New marijuana laws and court cases continue to provide inconsistent guidance for employers: a summary of recent developments in Illinois, Nevada, New Jersey and Michigan
Over the past few years, 31 states have legalized some form of medical or recreational marijuana use and this wave of legalization continues to grow. Since there has been no consistent approach taken related to the intersection of legalized use and employment, employers must stay vigilant about recent developments in each location in which they operate.
To assist in navigating these waters, below is a summary of the recent enactments in Illinois and Nevada, as well as an update as to newly published judicial interpretations of the medical marijuana laws in New Jersey and Michigan.
Continue Reading New marijuana laws and court cases continue to provide inconsistent guidance for employers: a summary of recent developments in Illinois, Nevada, New Jersey and Michigan
New Jersey Federal Judge Finds Medical Marijuana User Cannot Compel Employer to Waive Employment Drug Testing Requirements
The United States District Court of New Jersey recently dismissed an employee’s disability discrimination, failure to accommodate and retaliation claims, holding that neither the New Jersey Law Against Discrimination (LAD) nor the New Jersey Compassionate Use Medical Marijuana Act (CUMMA) required the employer to waive its drug testing requirements.
In Cotto v. Ardagh Glass Packing
New Jersey Equal Pay Act effective July 1
On July 1, 2018, the Diane B. Allen Equal Pay Act becomes effective in New Jersey. The law contains a myriad of requirements, including recordkeeping and anti-retaliation provisions, and it prohibits pay disparities based on an employee’s membership in a protected class (i.e., sex, race, color, age and religion). The law provides a six-year statute
New Jersey Legislature Considering Bill Prohibiting Waiver of Employees’ Rights Under Discrimination Laws
The New Jersey Legislature is considering a bill with potentially far-reaching implications for employment contracts and agreements resolving discrimination, harassment or retaliation claims. Bill S121/A1241 precludes the waiver of rights or remedies related to any claim of discrimination, retaliation or harassment in “employment contracts,” and specifies that rights and remedies under the New Jersey Law
Controlled Substances Act Does Not Shield Marijuana Businesses from FLSA or Other Claims
An employee of a marijuana dispensary in Colorado filed a claim in federal court alleging that he was not paid overtime in violation of the federal Fair Labor Standards Act (FLSA). The dispensary attempted to dismiss the case by arguing that its business is illegal under federal law and, therefore, typical legal protections are unavailable