At the end of 2018, the Superior Court of Delaware held that a terminated employee could proceed with his lawsuit, alleging that his employer terminated him for being a medical marijuana cardholder. Chance v. Kraft Heinz Foods Co. In allowing the suit to move forward, the Delaware Court found that the anti-discrimination language in the
Denise Elliott
The Protz Fix – Workers’ Compensation Update
On October 17, the Pennsylvania Senate signed the previously approved House Bill 1840, known as the “Protz Workers’ Compensation Legislative Fix,” which is expected to be signed into law by Governor Tom Wolf within the next several days.
Why is a “Protz Fix” necessary? Employers in Pennsylvania suffered a major blow, when the Impairment Rating…
Medical Marijuana Update – Connecticut Federal Court Provides Guidance to PA Employers on Post-Offer/Pre-Employment Drug Testing
Two years ago, when the Pennsylvania Medical Marijuana Act (MMA) passed, we advised employers that the Act contained an express anti-discrimination provision providing that:
No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against any employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such…
DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results
Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state that an MRO must verify as positive a confirmed test result for drugs, unless the employee presents a legitimate medical explanation for…
Your employee tells you he’s using medicinal marijuana . . . now what?
Since the passage of the Medical Marijuana Act (“MMA”), we have received many questions from employers regarding the MMA’s impact on employment law; one of the most frequent questions being – what do I do if an employee tells me he/she is using medical marijuana? While the answer to this question will partly depend on…
The Legalization of Medicinal Marijuana in PA – What Does it Mean for Employer Provided Insurance Coverage?
Pennsylvania’s Medical Marijuana Act (MMA) was signed into law on April 17, 2016 and officially took effect last week. One of the questions we’ve been asked since the passage of the Act is: how will employer provided insurance (both health and workers’ compensation) be affected by the legalization of medical marijuana in Pennsylvania? The simple…
McNees Labor Seminar Preview: Is This Work-Related?
As if it knew we would be discussing this topic at the 26th Annual McNees Labor and Employment Seminar on June 3rd, in Hershey, PA, the Commonwealth Court of Pennsylvania recently issued a decision addressing whether an injury occurring in an employer’s parking lot was sustained in the course and scope of employment for purposes…
Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?
On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related to employment, and we have received many questions regarding what employers must, can and cannot do as a result of the new…
Workers’ Compensation Update: Commonwealth Court Clarifies “Written Contract” Requirement for Independent Contractor Classification under the Construction Workplace Misclassification Act
In 2010, the Pennsylvania Legislature enacted the Construction Workplace Misclassification Act (CWMA), which, in part, attempted to clarify who is and is not an independent contractor (in the construction industry) for the purposes of workers’ compensation coverage.
Section 3(a) of the CWMA provides: “For purposes of workers’ compensation . . . an individual who performs…
Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act
In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment, provide aid to a person in order to (1) prevent the commission of a crime, (2) apprehend someone suspected of…