Weed in the Workplace: HR, Medical Marijuana and the Law
What would you do if you found out an employee was using medical marijuana to treat a chronic health condition, in violation of your company’s drug policy?
Could you fire that employee? Or, legally not hire someone for a positive pre-employment drug test for medical marijuana? Feeling dazed and confused?
With 15 states legalizing some form or another of medical marijuana use, it’s imperative that HR is aware of the complexities surrounding this emerging issue and that your organization’s hiring, drug testing, disciplinary, and safety policies are compliant.
Remember, the language of each state's law can differ, and the courts therefore interpret these state law issues on a case-by-case basis.
During this comprehensive audio conference, you’ll get the answers to such questions as:
- Do employers have to tolerate medical marijuana in the workplace?
- Positive drug tests and medical marijuana: What now?
- How far do employers have to go to accommodate medical marijuana use?
- Federal law vs. state law: Which takes precedence?
- Medical marijuana and the ADA: What should you be aware of?
- What lessons can be learned from the recent court decision in Casias vs. Wal-Mart Stores?
Our employment law experts will also guide you through:
Medical marijuana use as it relates to OSHA compliance, the Family and Medical Leave Act, and other federal laws
- Terminating employees for medical marijuana use: Pitfalls to be aware of
- Zero tolerance drug policies and medical marijuana
- Drug testing and medical marijuana use
- Understand reasonable accommodation and essential job function issues under the federal Americans With Disabilities Act
- Discipline and discharge issues over alleged or confirmed employee use of marijuana
Bernice McReynolds, Shareholder, Vercruysse Murray & Calzone, P.C.
Bernice McReynolds advises and represents employers in both the private and public sector, focusing primarily on labor law and employment litigation. Ms. McReynolds also represents employers in labor arbitrations and in administrative proceedings before the Michigan Employment Relations Commission, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Michigan Department of Civil Rights.
Ms. Reynolds is a frequent speaker for various business organizations and authored "Weeded Out: Michigan's Medical Marihuana Act Creates an Employment Quandary," Michigan Lawyers Weekly, April 19, 2010.
Susan Hartmus Hiser, Shareholder, Vercruysse Murray & Calzone
Susan Hartmus Hiser is a Shareholder at the Detroit, Michigan area firm of Vercruysse Murray & Calzone. She is a graduate of The University of Michigan (B.A. with high distinction, 1988) and The University of Michigan Law School (J.D., 1991). She practices in the areas of labor and employment litigation on behalf of private, public sector and non-profit employers. Ms. Hiser has also represented employers in administrative proceedings before the Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, and the Michigan Employment Relations Commission and has handled affirmative action compliance. She frequently counsels employers on various employment matters and has drafted and reviewed employment contracts, personnel policies, and employee handbooks. Ms. Hiser also frequently conducts workplace training on all types of employment issues, including preventing and responding to claims of workplace harassment. In addition, Ms. Hiser conducts workplace investigations on behalf of clients and assists clients in conducting their own internal workplace investigations.
Ms. Hiser has been listed in Michigan Super Lawyers. She was a co-author of the 13th Annual Survey of Sixth Circuit Constitutional Law (Detroit College of Law Review, Vol. 1992, Issue 2), the author of the 14th Annual Survey of Sixth Circuit Constitutional Law (Detroit College of Law Review, Vol. 1993, Issue 2), and the author of Guidelines for Conducting A Sexual Harassment Investigation (Oakland County Bar Association Journal, No. 379, August 1997). Ms. Hiser is a member of the governing Council of the Labor and Employment Law Section of the Michigan Bar Association, a member of the American Employment Law Council, and a Fellow of the Michigan State Bar Foundation. She is also a member of the Employee Rights and Responsibilities Committee of the American Bar Association’s Section of Labor and Employment Law and the Management Co-Chair of its Workplace Investigations Sub-Committee. She is a member of the Employment Law Committee of the Oakland County Bar Association. Ms. Hiser is a member of the Board of Directors of United Cerebral Palsy Association of Metropolitan Detroit, has served as its First Vice Chairperson of the Board, and is currently serving as Co-Chairperson of its Personnel Committee.
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