Getting Out of the Weeds: What Employers Need to Know About Marijuana in the Workplace

(394 Ratings)

Produced on: April 20, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 91 minutes
Difficulty Intermediate

Twenty-three states and the District of Columbia have legalized the use of marijuana, yet the drug remains classified as a Schedule I illegal substance under the federal Controlled Substances Act. This dichotomy has left employers with many questions about how to safeguard their workplace and enforce drug-free policies without running afoul of applicable laws. 

 

Join Nathaniel Glasser and Valerie Butera of Epstein Becker & Green, P.C. for a session discussing the effect of state legalization laws on drug testing, drug-free workplace policies, and the discipline and accommodation of marijuana users. After viewing the program, attendees will be prepared for the impact of these laws on workplace policies and will receive effective strategies for dealing with the changing landscape.  

 

Learning Objectives:

I.     Understand the various protections provided by state legalization laws, including decriminalization, nondiscrimination, and accommodation

II.    Identify current federal enforcement priorities under the Controlled Substances Act

III.   Discuss the effect of state legalization laws on drug-free workplace policies

IV.   Explore whether employers must accommodate an employee’s use of medical marijuana

V.    Know how to respond to increasing numbers of pre-employment and on-the-job positive test results for marijuana

VI.   Recognize elevated hazards presented by marijuana use by employees required to operate motor vehicles

VII.  Address OSHA’s recommendations for dealing with employees who use marijuana

VIII. Propose strategies for dealing with inherent conflicts in state and federal law

 

Faculty

Nathaniel M. Glasser

Epstein Becker & Green

NATHANIEL M. GLASSER is a Member of the Firm in the Labor and Employment practice, in the Washington, DC, office of Epstein Becker Green. His practice focuses on the representation of leading companies and firms, including publishing and media companies, financial services institutions, and law firms, in all areas of labor and employment relations.

 

Mr. Glasser’s experience includes:

  • Defending clients in employment litigation, from single-plaintiff to class action disputes, brought in federal court, state court, and arbitration tribunals involving claims of unlawful discrimination, harassment, retaliation, breach of contract, defamation, alleged violation of the FLSA and state wage and hour laws, and whistleblowing
  • Representing clients facing charges at the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, the District of Columbia Commission on Human Rights, the New York State Division of Human Rights, the New York City Commission on Human Rights, and other administrative agencies at the federal, state, and local levels
  • Counseling employers on a wide array of employment-related issues, including terminations and reductions in force; management of personnel problems; disciplinary actions; compliance with wage and hour, family and medical leave, disability, and discrimination laws; and the drafting of employment handbooks and policies
  • Leading, conducting, and advising on the internal investigation of complaints of harassment, discrimination, retaliation, and other alleged unfair treatment
  • Providing anti-discrimination and anti-harassment training

Mr. Glasser also provides pro bono services for various not-for-profit organizations, which include conducting internal investigations, leading employment law training seminars, and assisting in the creation of employment policies and handbooks.

 

Prior to joining Epstein Becker Green, Mr. Glasser practiced labor and employment law in the New York and Washington, DC, offices of a major international law firm.

 

While attending law school, Mr. Glasser served as the Executive Editor of the New York University School of Law’s Journal of International Law and Politics. After graduating from law school, he clerked for the Hon. William G. Bassler of the U.S. District Court of the District of New Jersey.

 

In 2014, Mr. Glasser was named to the New York Metro Rising Stars list in the area of Employment & Labor. He also received The Legal Aid Society Award for Outstanding Pro Bono Service in 2006 and 2008 and has been named Empire State Counsel by the New York State Bar Association five times.

 

Education

New York University School of Law (J.D., 2004)

University of Pennsylvania (B.A., cum laude, 2001)

 

Bar Admissions

District of Columbia

New Jersey

New York

 

Court Admissions

U.S. District Court, District of Connecticut

U.S. District Court, District of New Jersey

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

 

Memberships

American Bar Association (Labor and Employment Section)

DC Bar (Labor and Employment Section)

New York State Bar Association

Valerie Butera

Epstein Becker & Green, P.C.

VALERIE BUTERA is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the Washington, DC, office of Epstein Becker Green, where she focuses on OSHA and other workplace safety and health issues. She represents clients from numerous industries, including health care and life sciences, financial services, hospitality, retail, and technology, among others. She is OSHA 30 certified and has substantial training and experience in process safety management (PSM).

 

Ms. Butera:

  • Represents employers and trade associations in complex matters regarding the Occupational Safety and Health Act
  • Litigates OSHA citations alleging violations of OSHA’s General Industry and Construction regulations
  • Counsels clients on compliance with all standards set by OSHA, including the PSM standard, Lockout/Tagout, machine guarding, and hazard communication
  • Assists employers with developing safety programs and policies
  • Represents companies in response to various OSHA National Emphasis Programs
  • Conducts privileged internal general OSHA compliance audits, railway safety audits, and process safety management audits
  • Advises clients on industrial hygiene concerns, including benzene and asbestos exposure
  • Drafts responses to OSHA Requests for Information and comments in rulemaking
  • Conducts workplace safety training presentations

 

Prior to joining Epstein Becker Green, Ms. Butera was an OSHA attorney at a national law firm. Previously, she served as a law clerk to the Honorable William D. Quarles, Jr., of the U.S. District Court for the District of Maryland. During law school, she spent her summers clerking for the Privacy Rights & Protection Staff of the Centers for Medicare & Medicaid Services, where she played a critical role in bringing Medicare into compliance with the HIPAA Privacy Rule, and the Office of Chief Counsel for the Internal Revenue Service, where she focused on tax controversy litigation.

 

As a law student, Ms. Butera completed the University of Maryland School of Law concentration in Health Law and was the Senior Survey Editor of the American Bar Association’s Business Section journal entitled The Business Lawyer.

 

Representative Experience

  • Drafted numerous briefs before the Occupational Safety and Health Review Commission, including those filed in Secretary of Labor v. Delek Refining, OSHRC Docket No. 09-0844 (July 11, 2011), in which the Commission established a three-part test for determining when a third-party expert’s report is protected by the attorney-client privilege
  • Developed strategies and counseled clients through numerous successful settlement negotiations, amicably resolving citations; strategized with civil counsel in cases involving injuries or fatalities regarding both the timing and terms of settlement agreements in order to minimize the impact of OSHA citations on ongoing civil litigation cases
  • Briefed a pre-enforcement challenge to a newly promulgated OSHA standard before the U.S. Court of Appeals for District of Columbia Circuit
  • Defended an employer in a matter involving OSHA’s multiemployer citation policy in response to a catastrophe that resulted in construction and general industry citations involving the employer, contractor, and sub-contractors, and provided assistance to co-counsel in related civil litigation
  • Counseled various clients on the interconnection between Department of Transportation and OSHA provisions and developed compliance solutions
  • Conducted training for employers in numerous areas, including, among others, the requirements of the new HAZCOM rule, how to avoid citations for the most frequently cited OSHA standards in various industries, and OSHA’s proposed electronic injury and illness reporting requirements

Education

  • University of Maryland School of Law (J.D., with honors, 2003) Concentration in Health Law
  • Hope College (B.A., cum laude, 1997)

Bar Admissions

  • District of Columbia
  • Maryland

Memberships

  • American Bar Association, Labor and Employment Law Section, Leadership Development Program, and the Committee on Occupational Safety and Health

Reviews

AP
Andrew P.

Very informative and helpful

JB
Justin B.

The presenters were clearly knowledgeable about the subject matter.

KT
Kristin T.

Very good.

DG
Dennis G.

Great primer course.

CC
Charles C.

It was a different perspective,,

FC
Frank C.

interesting topic and presentation

CB
Carrie B.

I love the conversational presentation style between two knowledgeable professionals.

CL
Cynthia L.

complex issues

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