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 … Continue Reading
For employers in the Garden State, 2019 brought a barrage of legal changes and new requirements. As 2019 comes to a close, we recap some of the most significant changes to the employment landscape in New Jersey. Minimum wage In July 2019, the New Jersey minimum wage increased to $10 per hour. This number will … Continue Reading
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 … Continue Reading
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 … Continue Reading
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, … Continue Reading
