Ep. 38: Marijuana in the Workplace – An HR Perspective

by | Dec 12, 2017

Dan Oberdorfer and Nicole Faulkner work with Stinson Leonard Street, a business that offers complex regional and national practices in business and commercial litigation, corporate finance as well as employment, labor, and benefits amongst other areas. Dan is an attorney with experience in the field of counseling and litigating, including complex employment disputes, discrimination and harassment, and breach of contract. Nicole’s role as an Employment and Labor Law Associate is to advise employers dealing with corporate laws and policies such as the Fair Labor Standards Act and the Americans with Disabilities Act.

Today, Dan and Nicole offer their sage advice to employers when it comes to dealing with medical marijuana in the workplace. They discuss the current political stance on marijuana from a national and local viewpoint, and what employers can and cannot do when it comes to employees who use marijuana. They also cite concrete examples and scenarios that provide real-world applications of the current policies.

“If an employee is showing up impaired or has medical marijuana on their person, those are not things the employer has to look the other way for.” – Nicole Faulkner

What you’ll learn:

  • Where are we right now when it comes to state level legislation with Marijuana?
  • Is it possible to have one consistent policy across different states?
  • How are the legal states addressing the employment-related issues?
  • Why laws on marijuana can be likened to those on alcohol.
  • Can an employer ask an employee to produce a medical marijuana card?
  • What do employers need to be careful of to avoid disability discrimination lawsuits?
  • Biggest mistakes employers make when handling medical marijuana in the workplace.
Connect with Dan & Nicole

Key Takeaways:

  • The employer cannot discriminate against the employee for taking medical marijuana if it’s a prescription.
  • Some states don’t allow employers to fire someone for testing positive for marijuana use if they’re a registered user.
  • Marijuana is still not legal under Federal Law.

This episode was brought to you by

Insurance Licensing Services of America (ILSA), America’s premier regulatory compliance experts. To learn more visit ILSAinc.com.


Related Episodes:

Subscribe Today!

Click your favorite podcast platform