The new decade brings Schiff Hardin’s Labor & Employment Group’s annual legislative update, summarizing new legislation in 2020 under federal law and in Illinois, California, New York, Michigan, and the District of Columbia.

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Most Illinois employers are already aware of the Illinois Cannabis Regulation and Tax Act (Cannabis Act) which, among other things, legalizes recreational use of marijuana in Illinois effective January 1, 2020.  On December 4, 2019, Illinois Governor J.B. Pritzker signed into law amendments to the Cannabis Act that, at a glance, appear to offer hope for employers seeking clarity about when they may discipline or refuse to hire an individual based on marijuana use. While the amendments make clear that employers may test applicants and employees for marijuana, the law continues to remain unclear as to what an employer may do with a positive marijuana result.
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