Nearly all employers maintain confidential or protected personal information, and many also maintain trade secrets and other confidential business information. Most of these employers also should – and typically do – enact policies to protect and limit access to such information, which their employees must follow or face discipline. Federal and state laws also exist
Denise Elliott
Pennslyvania’s Veterans’ Benefits and Services Workplace Posting Act – What Employers Need to Know
Pennsylvania House Bill 799 – which mandates new workplace posting requirements related to veterans’ benefits and services – passed on June 30, 2025, and was signed into law by Governor Shapiro on July 7, 2025. The Bill and its posting requirements will go into effect beginning January 2026. So, what does the Bill say and …
Let’s Talk Turkey: Prohibitions on Marijuana Next on the Menu for a City or State Near You?
In Pennsylvania, fall is in full swing, football season is hitting its stride and Thanksgiving is just around the corner. What is on the menu for employers as the fall turns to winter? Maybe some more restrictions on marijuana testing in the workplace? Medical Marijuana is legal in PA and if you listen to the…
Now that marijuana is legal in Maryland, what do employers need to know?
Effective July 1, 2023, Maryland became the 21st state to legalize recreational cannabis. Individuals 21 and over may now purchase, possess, and use cannabis products without fear of criminal repercussions in the state. Cultivation of no more than two plants is also permitted. Because Maryland has a developed dispensary system for medical cannabis, progressing…
Lancaster County Judge Addresses Definition of “Under the Influence” for Purposes of the Safety Exception in the PA Medical Marijuana Act
On January 10, 2023, Lancaster County Court of Common Pleas Judge Jeffrey Wright addressed the question that has been plaguing employers since the passage of the PA Medical Marijuana Act (the “Act”) – what constitutes being “under the influence” for purposes of the Act’s safety exception? As a reminder, when the Act was passed, the…
PA Medical Marijuana Act Requires “But For” Causation to Succeed on Discrimination Claim, Federal Judge Says
As we shared in past blog posts, the Pennsylvania Medical Marijuana Act (“MMA”) contains an anti-discrimination provision, that prohibits employers from discriminating against an employee “solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.” Earlier this year, we also shared that the Superior Court confirmed that…
PA Superior Court Affirms the Existence of a Cause of Action for Discrimination Under the Medical Marijuana Act
An employee may sue an employer under the Pennsylvania Medical Marijuana Act (“MMA”) for discrimination because of the employee’s status as an individual who is certified to use medical marijuana. This was the recent holding of the Superior Court in the case of Moses Taylor Hospital v. Palmiter. As you may recall, we discussed…
New qualifying conditions, telemedicine visits and 90-day supplies . . . revisions to the Pennsylvania Medical Marijuana Act.
This week, Governor Wolf signed House Bill 1024, allowing certain revisions to the Pennsylvania Medical Marijuana Act (the “Act”). While the revisions do not specifically implicate the workplace, and do not provide guidance to employers on navigating medical marijuana use by employees, employers should, nonetheless, pay attention.
What changed?
House Bill 1024 makes permanent three…
Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?
The answer to this question is . . . it depends. Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their current use of MMJ appears to depend on the specific accommodation requested by the user. We summarize these key…
New Jersey Legalized Recreational Cannabis – What do Pennsylvania Employers Need to Know?
On February 22, 2021, New Jersey Governor Phil Murphy signed three bills that legalize the use of cannabis for those over the age of 21, decriminalize possession of less than six ounces of cannabis and establish civil penalties for use by anyone under age 21. The bills are the enabling legislation following a constitutional amendment…