With recreational marijuana now legal in nearly half of all US states, a growing number of jurisdictions are beginning to enact laws aimed at securing employment protections for individuals who choose to use cannabis while off duty.
In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which held that the Constitution does not protect a right to abortion, employers face challenges in areas ranging from benefit plans to social media to off-duty conduct policies and more.
Under Rhode Island's legalization law, employers may not discipline an employee solely for private, off-duty marijuana use outside of the workplace subject to limited exceptions.
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News: HR Guidance on addressing when employers may and may not monitor the off-duty conduct of employees and take such conduct into account when making employment decisions.