Marijuana is a Schedule 1 substance under the federal Controlled Substances Act, which makes any possession, use, or distribution of it a crime.
 

With 24 states and the District of Columbia having legalized cannabis for adult use, the move to legalize or decriminalize marijuana is gaining traction in the U.S.

However, the current laws do not address the employer-employee relationship. The handful that do may prohibit discrimination for legal use or require accommodation of employees’ medical needs, but do not prevent employers from taking adverse action for onsite drug use, possession, or influence.

From an employer standpoint, the focus isn't typically on employees' personal cannabis use outside of work hours. Similar to alcohol and tobacco, the primary concern is to prevent substance use during work hours. While employees may use alcohol socially off-duty, workplace policies forbid drinking and being intoxicated on the job. Likewise, employers are now setting guidelines to mitigate the risk of employees being under the influence of cannabis while at work.

As per the findings by the Recovery Centers of America, employers face a staggering $81 billion in expenses due to the repercussions of substance abuse at work. These costs arise from multiple hazards, such as workplace incidents, disability claims, productivity loss, turnover, and recruitment challenges. Additionally, there's a looming risk to data security, with the average breach cost nearing $4.5 million, as reported by IBM.

Will 2024 be the year we hit 34, the magic number required to force Congress to hold an Article V convention for a constitutional amendment? The chances are higher.

What effect would it have on current zero tolerance company policies, drug testing programs, and workplace safety strategies, that are already established in the workplace? How do you distinguish between assisting and enabling someone with substance use disorder in the workplace? How can organizations ensure compliance with federal and state laws, including those governing employee privacy, disability rights, and workplace safety?

Karyn Rhodes (from isolved) and Brett Farmiloe (from Featured) share best practices that would guide you on how to be on the right side of the law when it comes to substance usage in your workplace.

Since the European Union introduced the General Data Protection Regulation (GDPR) in 2018, many states in the United States (U.S.) have enacted their own consumer data privacy protection acts in the absence of a comparable federal regulation in the country. Many more are set to adopt such laws soon.

The difficulties associated with complying with this growing patchwork of state laws have caused many to believe that a single federal standard is needed.

The U.S. has considered and failed to adopt a unifying privacy standard in the past, but Cathy McMorris Rodgers (R – WA) and Maria Cantwell (D – WA) have once again put that option on the table, introducing the American Privacy Rights Act of 2024 (APRA).

In this edition, we discuss how the ARPA will impact U.S. data privacy regulation and what employers can do to comply with diverse state laws.

We also touch upon the need for more acceptance of pay transparency laws, the pitfalls of unpaid pre-shift, and the implications of the increase in the white-collar exemption threshold, among others.

The American workforce is awaiting several key laws in 2024, including the ones mentioned above. The expert columns will offer you a glimpse into all the major rules and regulations that are shaping the regulatory landscape for employers and help you stay compliant.

Happy reading!

 
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