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Drug Testing
Employers Can Terminate Employees For Medical Marijuana Use, In Oregon

The Oregon State Supreme Court recently issued a decision in Emerald Steel Fabricators v. Bureau of Labor and Industrial Relations (Oregon, April 15, 2010), which addressed whether employers could terminate an employee for using medical marijuana.

The court’s decision?  Yes!

Oregon has joined California and Washington in ruling that employers can terminate employees for using medical marijuana.  The rationale is that while statutes decriminalizing the use of marijuana for medical purposes protects employees from criminal prosecution, the same laws do not prevent employers from terminating an employee for violating a company’s anti-drug policy.

In addition, the employee in question was also found using medical marijuana in an illegal manner anyway.

New Employment Laws for 2007
The following are significant labor and employment bills passed by the Hawaii State Legislature in 2007.

Act 265 (Family Leave)This bill provided that only employee may elect to substitute their available paid leave for leave taken under Hawaii Family Leave Law. (Effective July 1, 2007)Act 179 (Drug Testing) – This bill allows employers to use on-site drug screening tests, if they are manufactured in an ISO 13485 certified facility and used according to the manufacturer’s instructions. This bill eliminates the prior requirement that one-site tests could be used only for pre-employment screening. This bill also requires, however, that any positive test result is followed within four hours by a confirmatory test at a state licensed laboratory. (Effective July 1, 2007)

Special Session Act 5 (Dislocated Workers) – Amended the state Dislocated Workers Act to require notice of “divestiture” involving sale, merger, or other change of ownership transaction. Also, defined covered “closing” to include bankruptcy, loss of lease, or other close of business transaction. (Effective upon approval)