Workplace Policies and Processes

By Robert A. Fisher, Benjamin D. BriggsAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have just cause

By Eric Janson and Adam R. Young

Seyfarth Synopsis: While the votes continue to be tallied in the Presidential election, one thing is certain – it was a BIG night for cannabis in America with five new states approving ballot measures to legalize recreational or medical marijuana. 

With these new laws, nearly 110 million

By Mark L. Johnson, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: After a Sangamon County Circuit Court temporarily blocked the Illinois Workers’ Compensation Commission’s (IWCC) emergency rule that created a rebuttable presumption that injured employees contracted COVID-19 at work, the IWCC repealed the emergency rules.

By Jennifer L. Mora

Seyfarth Synopsis: As we reported here, the CBD (cannabidiol) craze is sweeping the nation. By 2022, it is expected to be a $22 billion per year industry. That said, if a CBD product has a concentration of more than 0.3% of tetrahydrocannabinol (THC), an amount generally viewed to be

By Jennifer L. Mora and Adam R. Young

Seyfarth Synopsis:  Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. 

In the heyday of the two-martini lunch, employers regularly tolerated alcohol in the workplace or employees presumably impaired by alcohol returning to work.  Over the succeeding

By Condon McGlothlen, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities.

As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization

By: James L. Curtis and Adam R. Young

Seyfarth Synopsis: The National Safety Council released a policy statement endorsing employer zero-tolerance policies for cannabis use for employees who work in safety-sensitive positions, explaining that no level of cannabis is safe.

Unlike a test for Blood Alcohol Content, testing results for Tetrahydrocannabinol (THC) metabolites