Written by Mark McAndrew
Starting on January 1, 2020, Illinois residents 21 years old and over will be able to purchase 30 grams of marijuana for recreational use. See Illinois HB1438. This creates interesting issues for the workplace and employers’ drug policies. An additional concern is the Right to Privacy in the Workplace Act, which prohibits employers from restricting employee use of “lawful products” away from work . Section 10-50 to HB1438 was sent to the Governor in early June.
The current amendment permits employers:
A. To continue and to adopt zero-tolerance and drug-free workplace policies, including testing;
B. To prohibit an employee from being under the influence of or using cannabis in the workplace, while performing employee’s job duties or while on call; and,
C. To discipline or terminate employment for violation of employment or workplace drug policies.
The Right to Privacy in the Workplace Act continues to protect the use of lawful products, off the employer’s premises during non-working and non-call hours.
Rathje Woodward advises clients on a broad range of employment and labor matters, including compliance, policies and procedures, internal investigations, administrative proceedings, collective bargaining negotiations and disputes, union avoidance policies and litigation defense. If you have questions about how these new laws may impact your business, contact Emily A. Shupe, Raymond J. Sanguinetti, Mark J. McAndrew, or John R. Zemenak at 630-668-8500.
For more information regarding Rathje Woodward’s employment practice and its attorneys, please visit www.rathjewoodward.com.