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State Employment Law Articles
Report Link Employers May Fire Employees for Marijuana Use Despite California’s Compassionate Use Act.Cooley Godward Kronish LLP. - February 22, 2008 A recent ruling by the California Supreme Court in Ross v. RagingWire Telecommunications, Inc. makes clear that California’s Compassionate Use Act of 1996, a passed voter initiative which provides a person using marijuana for medicinal purposes with a defense to certain state criminal charges, does not prohibit an employer from firing an employee for marijuana use. McCoy v. Superior Court of Orange County (Kimco Staffing Services, Inc.), No. G038589 (Cal. Ct. App. Nov. 27, 2007)Report Link One Toke Over The Line.Shaw Valenza LLP - February 19, 2008 The California electorate approved Proposition 215, the Compassionate Use Act, in 1996. The initiative expressly protects certain users of marijuana for medical reasons from prosecution under two specific criminal laws. The initiative did not address a number of issues, however, including what happens when marijuana metabolites are revealed by a pre-employment drug test. Twelve years passed before the California Supreme Court weighed in on that question. In Ross v. RagingWire Telecomm. Inc., 2008 DJDAR 1217 (Cal. Jan. 24, 2008), the court held that Proposition 215 provides no employment law protection to medical-marijuana users. As a result, unless there is legislative action by the electorate or the Legislature, disability-discrimination and drug-testing laws are not affected by Proposition 215. Report Link California Employers No Longer Holding Their Breath: Applicants Using Medical Marijuana May Be Denied Employment.Littler Mendelson, P.C. - January 25, 2008 Must a California employer hire a job applicant who tests positive on a pre-hire drug test, but claims to be using marijuana for "medical reasons?" - " No," according to the California Supreme Court. On January 24, 2008, the court held that employers may decline to hire applicants who use marijuana in violation of federal law, even if that use would not be a violation of state criminal law. The court declared: "Nothing in the text or history of the Compassionate Use Act [Cal. Health & Safety Code § 11362.5] suggests the voters intended the measure to address the respective rights and duties of employers and employees. Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions." The decision, Ross v. Ragingwire Telecommunications, Inc., No. S138130 (Jan. 24, 2007), is noteworthy for all employers who conduct, or are considering conducting, preemployment drug tests.
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Count and Sub-TopicsArticles Found: 4NO SUBTOPICSEmployment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 2, 2008 Shaw Valenza LLPCalifornia Workplace Law Update 2008Los Angeles
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Costa Mesa
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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