Summary: The New Jersey Senate proposed amendments to S. 2703, the New Jersey Marijuana Legalization Act, leaving the bulk of the act intact and consistent with the New Jersey Compassionate Use Medical Marijuana Act (CUMMA). Notably, like CUMMA, the bill would continue to legalize adult recreational marijuana use in New Jersey and allow for the possession of up to one once of dried marijuana, 16 ounces of edible cannabis products, and 72 ounces of cannabis in liquid form and not prevent employers from disciplining or terminating impaired employees and prohibits anyone from operating a vehicle while under the influence of marijuana.
Unlike CUMMA, however, the bill creates a separate cause of action making it unlawful for employers to take "any adverse employment action" against an employee merely because that person uses marijuana. Refusing to hire (or firing) such employees are two actions prohibited by S. 2703. This baseline prohibition is softened by only two caveats:
- First, an employer may affirmatively assert the defense it has "a rational basis" for the adverse employment action which is "reasonably related to the employment." This presumably includes safety-sensitive positions and instances in which the responsibilities of the current or prospective employee mandate the need for drug-free personnel.
- Second, employers will remain free to take adverse employment action against an employee if failure to do so places the employer in violation of federal law or causes it to lose a federal contract or funding.
- But employers must reconcile accommodating employee-alleged disability (that is treated by prescription marijuana) with the competing need to ensure a safe and unimpaired workforce.
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| Impact(s): New Jersey employers |
Summary: Proposed amendment SB 899 P.N. 1906 states that a facility "shall require an individual to submit … (2) a report of federal criminal history record information … the individual shall submit a full set of fingerprints in a manner prescribed by the department."
The Bill defines a facility as any of the following:
- Domiciliary care under the Administrative Code of 1929
- Assisted Living Residence defined under the Human Services Code
- Personal Care Homes defines under the Human Services Code
- Home Care Agency
- Home Care Registry
- Home Health Care Agency
- Hospice
- Long-term care nursing facility
- Older Adult Daily Living Center
- Pace Provider defined under the Social Security Act
- Any public or private entity that used public funds and is paid, in part, to provide care to care-dependent individuals
This proposed Bill requires facilities to obtain fingerprints "within the preceding one-year period" from (1) applicants, (2) employees, (3) administrators having direct contact with a recipient, and (4) operators having direct contact with a recipient.
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| Impact(s): Pennsylvania healthcare facilities |
| Summary: A "Ban the Box" ordinance was passed by the New Orleans Committee for Governmental Affairs on September 27 which is designed to prevent city officials and companies that contract with the city from asking job applicants whether they have ever been convicted of a crime. A criminal background check can still occur, but only after a candidate is selected to move forward in the hiring process. The legislation will now go to the full City Council for final approval.
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| Impact(s): New Orleans public employers and contractors |
