The U.S. Court of Appeals for the Tenth Circuit recently held that employers engaged in commercial cannabis activities must comply with wage and hour requirements under the Fair Labor Standards Act (“FLSA”).
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Starting January 1, 2020, employers in Nevada may not reject a job applicant who tests positive for cannabis on a pre-employment drug screening. Under the recently passed Nevada law, if an employer requires an employee to submit to a drug screening within the first thirty (30) days of employment, the employee has the right to take a second test, at his or her own expense, to contest the results of the initial screening.
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The Colorado Supreme Court recently upheld an employer’s right to terminate an employee who tests positive for marijuana at work when the employee is legally allowed to partake of marijuana off-duty. See Coats v. Dish Network LLC, 2015 Colo. 44 (2015). In Colorado, employees are protected by a legal off-duty statute that prohibits an employer from terminating an employee for engaging in legal activity off-duty.[i] Colorado legally allows for the medical use of marijuana.[ii] The intersect of these two laws, combined with an employer’s drug policies, provided for some uncertainty for Colorado employers. The Coats decision has cleared up any confusion.
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