Regular readers of our Morristown Employment Law Blog will undoubtedly recall that we recently took a look back at the big changes 2019 brought to New Jersey law. We looked at a couple of topics: penalties for wage violations and changes to the state’s Family Leave Act.
In this post, we will examine employment law changes that include protections for medical marijuana users and the reworking of non-disclosure agreements.
As you might recall, the New Jersey Compassionate Use Act was amended last July to prohibit employers from taking “any adverse employment action against an employee who is a registered qualifying patient based solely on the employee’s status as a registrant with the commission.”
The amended Compassionate Use Act also requires businesses to that drug test employees to allow workers or job applicants who test positive to provide a medical explanation for the test result. It should be noted that the law preserves the employer’s right to prohibit use or possession of intoxicating substances in the workplace or during work hours.
Some observers say without reliable tests to determine if someone is under the influence of marijuana, employers with drug-testing policies and procedures might face challenges that a court would need to clarify.
As for NDAs (non-disclosure agreements), the state made them unenforceable if the agreement conceals claims of harassment, discrimination or retaliation. The changes also prohibit to waive procedural rights or remedies relating to those kinds of claims.
We will have more on 2019’s changes to New Jersey employment law in an upcoming post, so please check back.