Ensure Compliance with Confusing Laws on Marijuana and Other Drugs Use and Testing
Too many employers bury their head in the sand when it comes to compliance with labor and employment laws, especially when certain of those local laws are in conflict with federal law. Many do not realize that claims for discrimination and harassment may stem from employment actions based on drug and alcohol policies. In this session, expert speaker Jennifer Raphael Komsky, Esq. will provide employers with the tools they need to ensure compliance with the ever-changing landscape of employment laws concerning marijuana, drug and alcohol use in the workplace.
This session will provide guidance in coordinating the recent legalization of recreational and medical marijuana in California and other states and jurisdictions with the need to keep the workplace drug free. Being proactive and knowledgeable about the limits imposed by law on both individuals and employers will alleviate many employment problems for the duration of the employment relationship. This session is essential for anyone tasked with the recruitment, hiring or management of employees.
You will be provided with reference documents, sample policies and legislative knowledge for regulations affecting the use, management and discipline concerning marijuana and other substances in California businesses.
Understand the current status of state laws legalizing marijuana in conflict with federal laws criminalizing it
Learn under what circumstances an employer may discipline an employee that appears impaired, even if the impairment is because of medical marijuana for a verified disability
Understand when and under what scenarios an employer may drug test employees
Learn how to manage a positive drug test with no known indicators of impairment
Explore the employment actions available in response to a positive drug screening
Understand when background checks for drug convictions that are no longer illegal can be conducted
Understand what information can be obtained from these background checks
Learn what information must be provided to the applicant about the process of background checks
Learn about drug and other medical testing
Learn to navigate the landscape of conflicting laws about marijuana and other substances
Acquire knowledge about when and how an employer may take action against an employee suspected of using marijuana either for recreational or medical use
Obtain knowledge about when and how to legally conduct drug screenings/testing
Learn how to avoid disability discrimination claims when an employee has a medical marijuana card
Learn which drug and alcohol policies should be in place to ensure compliance with state and federal laws
Who Should Attend
Human resources professionals
Any other individual charged with ensuring compliance with California labor and employment laws
Jennifer Raphael Komsky earned her B.S. in 1994 from the University of California, Santa Barbara and earned her J.D. degree in 1997 at the University of the Pacific, McGeorge School of Law. She was admitted to the State Bar in 1997. Current memberships include the State Bar of California ...
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