Employers face a whole new set of challenges with the advent of legal recreational marijuana in California.Now that it is legal, what can employers do to regulate onduty and offduty use of marijuana by their employees? This topic will tackle the evolving legal and scientific challenges related to drug testing, policies for on and offduty marijuana use, medical versus recreational use, employees in jobs that impact public health and safety, safeguards for policies that treat marijuana like prescription opiates, accommodation requirements and chronic medical conditions, and other issues. Through a detailed overview of the existing law and presentation of various alternatives for policymaking, this material will help employers to understand and avoid potential legal pitfalls, develop practical workplace solutions that take into account the realities of the labor market, and implement compliance strategies to mitigate legal risks. The content also covers California's requirement that cannabis businesses with 20 or more employees enter into a labor peace agreement with a union that represents cannabis workers. The topic will include a discussion of the definition of a labor peace agreement, the distinction between labor peace agreements and collective bargaining agreements, and what employers can expect from the process.
Current State of the Law
• Ross v. Ragingwire Telecommunications
• AUMA, MAUCRSA, and Related Regulations
• Revocation of the Cole Memo and Preservation of the FinCEN Memo
Employee Use and Drug Testing Policies
• Off-Duty vs. On-Duty Cannabis Use
• Medical Use vs. Recreational Use
Policy Frameworks for Employers
• Alcohol Model
• Prescription Drug Model vs. Medicinal Marijuana
• Practical Implications and Enforceability
Labor Peace Agreements
• Legal and Practical Implications
Oren Bitan with Buchalter Nemer and Robert S. Cooper with Buchalter Nemer
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,SHRM ,Additional credit may be available upon request.