Marian Abram, Esq.
Employment laws are subject to change. Court decisions and legislative enactments can impact the manner in which an employer is required to comply with employment laws, both state and federal. Also, the reach of employment laws may change when there is a fluctuation in the number of employees. Certain laws only apply to those employees who have a threshold number of employees; fifteen, for example, for purposes of the Americas with Disabilities Act and fifty employees for Family Medical Leave Act. With these changes, existing provisions in your employment manual may no longer be accurate or necessary.
Therefore, it is prudent for an employer, whether a small manufacturing business, a local restaurant or a medical office, to have an attorney review and update the company’s employment manual every couple of years.
In Arizona, with the newly enacted Medical Marijuana Law, now is a perfect time to dust off the employee manual. This Law provides protections to employees who are eligible for and receive marijuana from sanctioned dispensaries in accordance with an authorized doctor’s prescription. For example, employers cannot discriminate against an employee or an applicant because that person is a “qualifying patient” under the new Law. However, an employer may discipline an employee if he or she used, possessed, or was impaired by marijuana on the premises of the employer or during work hours.
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