Compliance Stuff

Takeaways The New Jersey Appellate Division in Sanders held that the state’s cannabis statute allows an aggrieved individual to bring a private lawsuit in a court of law. Employers should ensure their current practices and policies are compliant with the law’s anti-discrimination provisions, which prohibit taking an adverse employment action against an employee or refusing to hire an individual because of their use or non-use of cannabis. Until the New Jersey Appellate Division’s decision in Sanders v. The Levari Group, d/b/a First Choice Freezer [MS1] , No.  A-2715-23 (May 26, 2026), it was unclear whether an individual could bring a private lawsuit alleging discrimination in violation of the state’s cannabis law, the Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (CREAMMA). The Appellate Division recently held that individuals who allege to have suffered adverse employment actions because of their use of cannabis could bring a claim of violation of C...

The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the  changes  will make it easier for employers to defend lawsuits. Burden of Proof The Iowa drug testing law previously required employers to prove that the requirements of the drug testing law were met in the event an employee alleged a violation . The amendments state that an aggrieved employee or applicant “has the burden of establishing by a preponderance of the evidence that a violation … directly caused any damages for which affirmative relief is sought.” The amendments provide that “[a]n employer” who violates the law or aids in the violation is liable to an aggrieved employee or prospective employee. Previously, the law permitted claims against “[a] person” who violated the law or aided in the violation. The amendments also qualify that attorney’s fees awarded to an ...

You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1 . In addition to changing the measurement of allowable THC levels, HB46 adds qualifying health conditions, authorizes more dispensaries, and expands permissible cannabis products (like lotions and some vapes). This means Texas employers will likely see an uptick in employee cannabis use and accommodation requests . Notably, the new law does not provide employment protections – but there are some key risks to note. So, now is a good time to review and potentially revise your drug testing and accommodation policies to ensure you’re ready for the changes and understand the legal risks . Here’s what you need to know about the Texas Compassionate-Use Program and four things you should consider doing before September 1. Quick Download for Employers The upcoming revisions to the Texas Compassionate-U...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Iowa Bill / Ordinance / Regulation Main Topic Summary Effective Date Iowa HB 248 (HB26)   Employment Policies Requires employers to treat employees who adopt a child the same as biological parents for purposes of employment policies, benefits, and protections. 7/1/2025 Iowa SB 377 Employment Classification Prohibits the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status. 7/1/2025 Iowa SB 418 (HB583) Gender Identity Defines “sex,” “female,” “male,” and related terms; removes gender identity from protected classifications. 7/1/2025 Iowa HB 767 (SB 110) Drug Testing Provides that notification of a positive drug test may be given in person or sent electronic...