Looking into labor employment law issues in an era of marijuana reform
An important and enduring issue, and one being covered by a student presentation this week in my Marijuana Law, Policy & Reform seminar, concerns labor and employment law in the era of state marijuana reforms. Here are an array of materials assembled by this student as background on this topic:
The Essentials:
ACLU, “State-by-State Workplace Drug Testing”
Joseph Yastrow, A Survey of Medical Marijuana Laws Impacting the Workplace
What types of drug tests do employers use? How are they different?:
“Drug Tests – Methods of Detecting Cannabis Use”
Overview of federal employment drug testing:
Executive Order 12564: Drug-free Federal workplace
Omnibus Transportation Employee testing Act of 1991
Case Law about employment discrimination and medical marijuana:
James v. City of Costa Mesa, 700 F.3d 394 (9th Cir. 2012)
Coats v. Dish Network, LLC, 350 P.3d 849 (Colorado 2015)
Ohio’s law and challenges: not much protection to employees, while employers who struggle to fill positions due to high drug test failure rates:
Ohio Revised Code Section 3796.28: Rights of employer
“Failed drug tests keep Ohio jobs unfilled”
“Opioid Crisis Looms Over Job Market, Worrying Employers And Economists”
“Economy Needs Workers, but Drug Tests Take a Toll”
“National Unemployment Rate at 4.1 Percent through October 2017”