Minnesota employers need to be ready for medical marijuana by July 1

June 17, 2015 0 COMMENTS

by Laurie Jirak

Distribution of medical marijuana in Minnesota is set to begin July 1, so employers need to understand their rights and responsibilities under the state’s new medical marijuana law.

Confusion may arise because employers are subject to both federal and state laws that may impose different standards or requirements on workplace medical marijuana policies. Although the state has a law allowing medical marijuana use, it isn’t permitted under federal law.

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Firing employee for off-duty marijuana use legal, says Colorado Supreme Court

June 15, 2015 0 COMMENTS

by Emily Hobbs-Wright

In a nationally awaited decision, the Colorado Supreme Court has upheld an employer’s termination of an employee who tested positive for marijuana because of his off-duty, off-premises marijuana use.

The court issued a narrow decision on June 15 in Coats v. Dish Network, LLC. It turned on the fact that marijuana use remains illegal under federal law. Construing the term “lawful” to encompass activities that are permitted by both state and federal law, the court ruled that the employee’s off-duty marijuana use wasn’t a protected activity within the meaning of Colorado’s lawful activities statute because marijuana use remains unlawful under the federal Controlled Substances Act.

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New Hampshire social media privacy law takes effect September 30

September 16, 2014 0 COMMENTS

by Jeanine Poole

New Hampshire employers need to be reviewing their policies regarding employee use of social media and electronic equipment now that a new law protecting employee privacy is set to take effect September 30.

The new law prohibits New Hampshire employers from requesting or requiring current or prospective employees to disclose some information related to their personal social media accounts. The law defines “personal account” as “an account, service, or profile on a social networking website that is used by a current or prospective employee primarily for personal communications unrelated to any business purpose of the employer.”

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Tennessee’s “guns in trunks” law takes effect July 1

June 27, 2013 0 COMMENTS

by Kara E. Shea

The Tennessee law giving handgun carry permit holders the right to transport and store firearms and/or ammunition in their vehicles parked in an employer’s parking lot goes into effect July 1. With the enforcement deadline at hand, employers understandably want to know whether they need to alter current “no weapons” policies that ban weapons on all parts of their property, including parking lots. Unfortunately, the answer remains uncertain, although a recent opinion from the state attorney general seems to indicate that you still may be able to enforce such policies.

To recap, the popularly dubbed “guns in trunks” bill was signed into law by Governor Bill Haslam on March 14 after it passed by a wide margin in both the Tennessee Senate and House of Representatives. Previous versions of the law faced resistance from the Tennessee business community last year, but it passed easily this year, helped along by provisions of the new bill stating that businesses won’t be liable for damages or injuries caused by firearms stored by employees on their premises in accordance with the new law.

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Employer access to personal social media accounts may soon be off-limits in New Hampshire

June 04, 2013 0 COMMENTS

by Jay Surdukowski
Sulloway & Hollis, P.L.L.C.

On Thursday, June 6, the New Hampshire Senate approved a bill to protect the privacy of employees’ social media accounts such as Facebook, Twitter, and LinkedIn. But Republicans tacked on an amendment that may doom the bill in the house.

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