“Your Legal Rights” host Jeff Hayden, a criminal law specialist, on Tuesday had labor advisor Jonathan Judge and Danielle Lucido examine how legalization law and workplace law intersect.
- Hayden asked what an employees rights would be if the person attended a cannabis conference and posted non-consumption photos on Facebook, and then a co-worker reported the posting to management? Judge answered that, while each posted picture is its own thing, state labor rules on off-duty conduct ought to protect the targeted employee’s position. Whether the posting can lawfully block promotion opportunities is a more complicated question.
- Random tests here are generally limited to workers with safety concerns. (Think construction workers and ambulance drivers.) “Outside of that, you aren’t going to get a lot of drug testing,” Judge said.