Employment Hot Topics 2020: Cannabis, Employee Leave Laws & Immigration Compliance
Created on May 11, 2020
This program will provide the most recent developments in three important and ever-changing aspects of employment law in 2020: Cannabis, Employee Leaves of Absence, and Immigration.
Cannabis. Although cannabis is illegal under federal law, 33 states and the District of Columbia have legalized cannabis for medical use and ten states, as well as D.C., have legalized it for recreational use - a dichotomy that presents a unique and complex challenge for employers and employees. This presentation will provide an overview of federal and state marijuana laws, discuss specific aspects of the employment relationship affected by the legalization of marijuana in certain states, and offer practical guidance for employers on how to navigate this new and developing area of the law.
Employee Leaves of Absence. There are many complexities facing employers relating to employees who take various leaves of absence under various statutes (e.g. FMLA, Workers Compensation). These statutes always overlap with and intersect with employer legal responsibilities towards disabled employees under the Americans With Disabilities Act (and similar state laws). This CLE will explain and clarify the relationships between these laws and what the employer's compliance obligations are and how to best implement workplace policies that address all of these issues
Immigration. This part of the presentation will cover important aspects of immigration and workplace compliance, including Form I-9 Compliance, SSA No-Match letters, and ICE inspections.
- Review an overview of federal law and policy regarding cannabis, and its conflict with state laws which have legalized cannabis
- Discuss the effect of state marijuana and employment laws on employment policies such as drug testing, reasonable accommodations, and hiring/firing
- Provide practical guidance on how to craft and enforce workplace cannabis policies that are compliant with both federal law and state law
- Distinguish between Leave of Absence laws and Accommodation laws
- Recognize leave and accessibility situations that may lead to liability for the employer
- Execute the I-9 under current rules, document employees without violating anti-discrimination laws and navigate pitfalls in the process
- Discuss best practices for developing a company-wide compliance program
- Avoid the penalties for noncompliance, including simple clerical errors
- Handle the receipt of Social Security No-Match Letters
- Identify trends in enforcement by U.S. Immigration and Customs Enforcement (ICE)
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