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Oklahoma’s New Medical Marijuana Law and Your Workplace

Oklahomans voted 57 percent in favor of State Question 788, resulting in the passage of the Oklahoma Medical Marijuana Act (OMMA) on June 26, 2018. Many experts consider the new law to be one of the broadest medical marijuana laws in the United States. (Thirty states and the District of Columbia have now passed laws providing for the decriminalization of medical marijuana.) The law went into effect on July 26, 2018.

Medical Marijuana Now Legal in Oklahoma

Effective July 26, medical marijuana is legal in Oklahoma. Under the voter-approved law, employers may not discriminate against any registered medical marijuana user in hiring, termination or any other terms or conditions of employment.

Oklahoma Voters Pass Broad Medical Marijuana Law with Workplace Anti-Discrimination Provisions

Oklahoma became the 30th state to pass a medical marijuana law. Voters approved the measure on June 26, 2018.

Oklahoma Case Serves as Reminder that Pregnancy Alone, Without More, Is Not an ADA Disability

A former employee’s claim that she was pregnant and subject to lifting restrictions failed to allege a valid claim under the Americas with Disabilities Act (ADA), according to the U.S. District Court for the Northern District of Oklahoma. LaCount v. South Lewis SH OPCO, LLC, Case No. 16-CV-0545-CVE-TLW (N.D. Okla. May 5, 2017).

Workers' Compensation Opt-Out Law Struck Down by Oklahoma Supreme Court

In Vasquez v. Dillard's, Inc., the Oklahoma Supreme Court struck down a law that allows employers to opt out of the state workers' compensation system. The court held that the state Employee Injury Benefit Act (Opt Out Act) is unconstitutional because it allows for certain groups of employees to be treated differently when seeking compensation for work-related injuries. These opt-out plans have been backed by Walmart, Lowe's and Sysco Food Services as being instrumental in reducing costs, and continue to be implemented in Texas.

Oklahoma Bans Texting While Driving

Oklahoma has become the 46th state to ban texting while driving. An Oklahoma employer that uses commercial drivers or that requires employees to drive as part of their work assignments (e.g., traveling sales professionals) will need to update its driving policies to comply with this new law.

10th Circuit Holds That Guns In Company Parking Lot Are OK . . . In OK.

Where a state law stands as an obstacle to the execution of the clear objectives of a federal law, or where it is impossible for a party to comply with both state and federal requirements, that state law may be “pre-empted” by the federal statute. In a case that could have far-reaching implications for employers, a federal appellate court has held that two Oklahoma laws holding employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property are not preempted by the federal Occupational Safety and Health Act (the OSH Act).

Jackson Lewis P.C. | Maryland | Maryland Employers, Are You Ready? New Sexual Harassment Law Takes Effect October 1 (September 12, 2018)

Ogletree Deakins | Michigan | Paid Leave: Coming to a Michigan Workplace Near You (September 09, 2018)

Littler Mendelson, P.C. | Michigan | From Ballots to Bills: Michigan Adopts Paid Sick and Safe Time Law and Raises the Minimum Wage (September 11, 2018)

Littler Mendelson, P.C. | California | California Countdown 2018: Which Labor and Employment Bills Will the Governor Sign? (September 05, 2018)

Littler Mendelson, P.C. | New York | Significant Compliance Challenges in New York State's Proposed Anti-Sex Harassment Rules: What Can Employers Do Now? (September 07, 2018)

Fisher Phillips | New York | State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law (September 12, 2018)

Jackson Lewis P.C. | New York | Reminder: New York City Employers Must Distribute Fact Sheet, Post Notice on Sexual Harassment Law by Sept. 6 (September 06, 2018)

Littler Mendelson, P.C. | Connecticut | Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense (September 11, 2018)

Goldberg Segalla LLP | New York | New Legislation on Sexual Harassment Will Signifigcantly Affect the Handling of These Cases for Municipalities (September 06, 2018)

Jackson Lewis P.C. | Connecticut | Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination (September 06, 2018)