Marijuana in the Workplace: How the Laws have Changed After Legalization

State recreational marijuana laws regulate where the drug can be used and bought and how much can be grown at home, but no state law forces an employer to tolerate marijuana use at work. Anyone who recruits, hires or manages employees needs to know the limits the law places on individuals and employers.

This 60-minute webinar on marijuana in the workplace explains the conflict between state laws legalizing marijuana and federal law criminalizing it, with a focus on California and other states, plus trends in proposed legislation. You'll learn when and how to drug test, how to handle a positive test with no signs of impairment, when you can discipline an impaired employee, even one using medical marijuana for a verified disability, and what employment actions are available.

The session also covers background checks for drug convictions.

• Explain how state marijuana laws conflict with federal law
• Identify trends and proposed legislation affecting employee marijuana use
• Decide when an impaired employee can be disciplined, including medical marijuana users
• Determine when and in which scenarios you can drug test employees
• Respond to a positive drug test with the right employment action
• Run background checks for drug convictions lawfully, including what applicants must be told

• Navigating conflicting laws on marijuana and other substances
• Trends in proposed marijuana legislation
• When and how to act against an employee suspected of recreational or medical use
• When and how to legally conduct drug screening and testing
• Avoiding disability discrimination claims when an employee has a medical marijuana card
• Drug and alcohol policies for state and federal compliance
• Managing a positive test with no known signs of impairment
• Background checks for drug convictions that are no longer illegal

Conflicting state and federal laws make it easy to misstep on drug testing, discipline and accommodation, and a misstep can bring disability discrimination claims. This session explains how to keep a drug-free workplace and which drug and alcohol policies help you comply.

It suits business owners, HR professionals and anyone responsible for compliance with labor and employment laws. Reference documents and sample policies are included.

• 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.