What Employers Must Know About Marijuana in the Workplace: Navigating Marijuana Legalization, Drug Use and Drug Testing Issues

Event Information
Product Format
Prerecorded Event
Conference Date
Tue, Oct 17, 2017
Length
60 minutes
Product Description

Ensure Compliance with Confusing Laws on Marijuana and Other Drugs Use and Testing


Too many employers bury their head in the sand when it comes to compliance with labor and employment laws, especially when certain of those local laws are in conflict with federal law. Many do not realize that claims for discrimination and harassment may stem from employment actions based on drug and alcohol policies. In this session, expert speaker Jennifer Raphael Komsky, Esq. will provide employers with the tools they need to ensure compliance with the ever-changing landscape of employment laws concerning marijuana, drug and alcohol use in the workplace.

This session will provide guidance in coordinating the recent legalization of recreational and medical marijuana in California and other states and jurisdictions with the need to keep the workplace drug free. Being proactive and knowledgeable about the limits imposed by law on both individuals and employers will alleviate many employment problems for the duration of the employment relationship. This session is essential for anyone tasked with the recruitment, hiring or management of employees.

You will be provided with reference documents, sample policies and legislative knowledge for regulations affecting the use, management and discipline concerning marijuana and other substances in California businesses.

Session Highlights

  • Understand the  current status of state laws legalizing marijuana in conflict with federal laws criminalizing it
  • Learn under what circumstances an employer may discipline an employee that appears impaired, even if the impairment is because of medical marijuana for a verified disability
  • Understand when and under what scenarios an employer may drug test employees
  • Learn how to manage a positive drug test with no known indicators of impairment
  • Explore the employment actions available in response to a positive drug screening
  • Understand when background checks for drug convictions that are no longer illegal can be conducted
  • Understand what information can be obtained from these background checks
  • Learn what information must be provided to the applicant about the process of background checks
  • Learn about drug and other medical testing

Session Objectives

  • Learn to navigate the landscape of conflicting laws about marijuana and other substances
  • Acquire knowledge about when and how an employer may take action against an employee suspected of using marijuana either for recreational or medical use
  • Obtain knowledge about when and how to legally conduct drug screenings/testing
  • Learn how to avoid disability discrimination claims when an employee has a medical marijuana card
  • Learn which drug and alcohol policies should be in place to ensure compliance with state and federal laws

Who Should Attend

  • Business owners
  • Human resources professionals
  • Any other individual charged with ensuring compliance with California labor and employment laws

Ask a question at the Q&A session following the live event and get advice unique to your situation, directly from our expert speaker.

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About Our Speaker

Jennifer Raphael Komsky

Jennifer Raphael Komsky earned her B.S. in 1994 from the University of California, Santa Barbara and earned her J.D. degree in 1997 at the University of the Pacific, McGeorge School of Law.  She was admitted to the State Bar in 1997. Current memberships include the State Bar of California and the Los Angeles County Bar Association.


Prior to specializing in employment law, Jennifer practiced...   More Info
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