This webinar will discuss what employers need to do to ensure a safe productive workforce, what they can and can not do with respect to employees holding prescriptions for medical marijuana. How ADA/ADAAA plays a role in it. what are the rights of employers.
The line between legal and illicit drug use, particularly when marijuana is involved has become increasingly blurry. Employers in locations with medical marijuana laws who wish to ensure a safe productive workforce need to know what they can and cannot do, what they must and need not do with respect to employees holding prescriptions for medical marijuana. Are they covered under the ADA/ADAAA? If so, once again, what are –and aren’t—you obligated to do? Taking proactive steps to learn your rights and responsibilities before a question arises is the smart thing to do. This webinar will help you do exactly that.Areas Covered in the Webinar:
Employment and HR Attorney, The Emplawyerologist Firm
Janette Levey Frisch is an attorney with more than 20 years’ legal experience. She works with employers on most employment law issues to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. She authors the firm’s weekly blog, where she discusses issues impacting employers today. She has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer.
Ms. Frisch has also spoken and trained on topics, such as criminal background checks in the hiring process, joint employment, severance arrangements, pre-employment screening among many others. She is licensed in New Jersey and New York. In addition, she serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits.
Ms. Frisch is also a contributor to the recently released book, “Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition,” published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.
Janette serves as a Task Force Member of the Institute for Workplace Violence Prevention, an interdisciplinary think tank, dedicated to providing holistic, proactive solutions to employers serious about promoting a safe workplace.
Most recent laws legalizing marijuana use have been geared towards removing criminal penalties for users, and do not fully address workplace issues posed by medical marijuana. Some state laws explicitly prohibit employers from discriminating against employees because of their status of medical marijuana cardholders. Some may only addresses the impact of a positive drug test for a limited set of job duties, such as public utility workers. Other state laws explicitly indicate that employers need not accommodate marijuana use in the workplace, but are silent on off-duty medical use. A few states explicitly protect employees who test positive for marijuana use and have medical authorization. These provisions place employers in a difficult position by requiring them to look past a positive drug test unless they can show that an employee is impaired due to marijuana use during work hours. Since urine-based drug tests do not actually measure impairment, and there is currently very little guidance from courts in those states, employers are left wondering how they are supposed to meet such a standard.
What if you are an employer with a “zero tolerance” drug use policy? Must you now do away with it? Do you have to hire someone who tests positive for marijuana? Can you terminate an employee who does? In this webinar we will address those and other questions regarding medical marijuana at work.
Registrants may cancel up to two working days prior to the course start date and will receive a letter of credit to be used towards a future course up to one year from date of issuance. HRTrainingAlert would process/provide refund if the Live Webinar has been cancelled. The attendee could choose between the recorded version of the webinar or refund for any cancelled webinar. Refunds will not be given to participants who do not show up for the webinar. On-Demand Recordings can be requested in exchange.
Webinar may be cancelled due to lack of enrolment or unavoidable factors. Registrants will be notified 24hours in advance if a cancellation occurs. Substitutions can happen any time.
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