Employers engaged in the rapidly-expanding cannabis industry face a myriad of workforce challenges in states where marijuana is fully legalized, and employers in jurisdictions where medical cannabis is legal are struggling to reconcile their workplace policies with the employee-patient’s right to use such treatment. Because of the conflicts between federal and state laws and the piecemeal legalization, employers should be vigilant when reviewing their workplace policies.

NLRB Judge Says Marijuana Organizations Are Joint Employers

NLRB judge decided that two Oregon nonprofits are joint employers with a company that helps people get medical marijuana permits, while finding the group violated federal labor law when one refused to hire a man because of his union ties. (Subscription Required)

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OPINION: Manhattan Beer Distributors, LLC

362 NLRB No. 192 (August 27, 2015)

The NLRB held that an employer violated the NLRA when it denied an employee, who reported to work with his clothes “reek[ing] of the smell of marijuana”, his right to the physical presence of a union representative during a reasonable suspicion drug test.

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