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How state and Federal Marijuana laws affect the workplace

States have passed a recreational marijuana law to strictly regulate the drug’s use by banning public use places where it can be easily bought and the quantity that can be grown at home. More importantly, no state law forces an employer to tolerate its use in the workplace. If you recruit, hire, or manage employees, you need to know the limits imposed by law – both on individuals and employers – so that you do not run into legal troubles.

  • The current status of state laws legalizing marijuana is in conflict with federal laws criminalizing it
  • Trends and proposed legislation impacting the use of marijuana by employees
  • Under what circumstances an employer can discipline an employee that appears impaired, even if the impairment is because of medical marijuana for a verified disability
  • When and under what scenarios can an employer drug test employees?
  • How to manage a positive drug test with no known indicators of impairment?
  • Employment actions available in response to a positive drug screening
  • Background checks for drug convictions that are no longer illegal—when can they be conducted? What information can be obtained? What information must be provided to the applicant about the process?
  • Drug and other medical testing

  • How to navigate the landscape of conflicting laws about marijuana and other substances?
  • What are the trends in proposed legislation surrounding marijuana?
  • When and how can an employer take action against an employee suspected of using marijuana either for recreational or medical use?
  • When and how you can legally conduct drug screenings/testing?
  • How can you avoid disability discrimination claims when an employee has a medical marijuana card?
  • What drug and alcohol policies should you have in place to ensure compliance with state and federal laws?

In this webinar, employment law expert Jennifer Komsky will explain the recent legalization of recreational and medical marijuana in California and other states, and provide insights on how to keep the workplace drug-free. You will learn how to handle the current conflict between the state and federal laws – and the legislation trends. You will also learn when and how to legally conduct drug screenings/testing, take action against an employee suspected of using marijuana – and what to do if an employee tests positive.

Komsky will also show you how to avoid disability discrimination claims, and advise you on the drug and alcohol policies you should have in place to comply with state and federal laws. You will receive useful reference documents, sample policies, and legislative knowledge for regulations affecting the use, management and discipline concerning marijuana and other substances in California.

  • Business owners
  • Human resources professionals
  • All professionals charged with ensuring compliance with labor and employment laws

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 in the areas of medical malpractice defense and business litigation.  She has focused on employment law exclusively for over 15 years, defending employers in all phases of litigation before State and Federal Courts and administrative agencies.  Jennifer regularly counsels human resource professionals and business owners, providing ongoing advice and guidance on company policies and personnel matters as well as conducting employee trainings.  Jennifer’s clients include small and family-run businesses up to nationwide and global corporations.  No matter the size of the business, Jennifer’s approach remains the same:  determine the needs of the client early on and design the best strategy accordingly.

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