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Amendments to Illinois Cannabis Regulation and Tax Act Clarify Limitations of Employer Liability

By Tiffany S. Fordyce & Laura Luisi on December 26, 2019
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On December 4, 2019, Illinois Governor JB Pritzker signed into law Senate Bill 1557, which makes various changes to the Illinois Cannabis Regulation and Tax Act (the “Cannabis Act”), including providing much-needed clarity with respect to potential employer liability.

The Cannabis Act, which legalizes (under Illinois state law) the adult recreational use of cannabis, goes into effect January 1, 2020. It permits employers to adopt reasonable zero-tolerance or drug-free workplace policies so long as those policies are applied in a nondiscriminatory manner, in addition to affirming an employer’s right to discipline or terminate an employee for violating an employer’s workplace drug policies.

Read the full GT Alert.

Photo of Tiffany S. Fordyce Tiffany S. Fordyce

Tiffany S. Fordyce concentrates her practice on commercial litigation, with an emphasis on labor and employment. She is Chair of the Chicago Labor & Employment Practice and Co-Chair of the firm’s Labor & Employment Practice’s Diversity, Equity & Inclusion Group. Her employment litigation…

Tiffany S. Fordyce concentrates her practice on commercial litigation, with an emphasis on labor and employment. She is Chair of the Chicago Labor & Employment Practice and Co-Chair of the firm’s Labor & Employment Practice’s Diversity, Equity & Inclusion Group. Her employment litigation practice includes all types of discrimination and retaliation claims, wage and hour claims, trade secret misappropriation claims, whistleblower claims, restrictive covenants, Fair Credit Reporting Act claims, Illinois Biometric Information Privacy Act (BIPA) claims and WARN Act claims. She defends single plaintiff, class action and collective action employment cases. Tiffany represents employers in federal, state and administrative courts, as well as before administrative agencies.

In addition to litigation, Tiffany also presents group and one-on-one employment training seminars. She advises clients on how to avoid litigation by counseling on employment related matters such as managing leave policies, responding to employee performance issues, national and local reductions in force, handbooks, BIPA compliance, drug testing policies, employment and consulting agreements, severance packages, social media policies, proper employee classification, and non-competition and separation agreements. She also is frequently called upon to conduct investigations and audit human resources practices and protocols, including as it relates to pay equity, whistleblower, harassment and discrimination complaints.

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Photo of Laura Luisi Laura Luisi

Laura Luisi is an associate in the Labor and Employment practice group. Laura focuses her practice on defending employers in class action, collective action, and single plaintiff employment matters asserted before state courts, federal courts, and administrative agencies, including the U.S. Department of

…

Laura Luisi is an associate in the Labor and Employment practice group. Laura focuses her practice on defending employers in class action, collective action, and single plaintiff employment matters asserted before state courts, federal courts, and administrative agencies, including the U.S. Department of Labor (DOL), National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC), and Illinois Department of Human Rights (IDHR).

Laura has experience representing employers and managers in discrimination, retaliation, harassment, trade secret, restrictive covenant, and wage and hour claims arising under various state and federal statutes, including Title VII of the Civil Rights Act (Title VII), Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), Uniform Services Employment and Reemployment Rights Act (USERRA), Illinois Whistleblower Act (IWA), Illinois Trade Secrets Act (ITSA), and Illinois Wage Payment and Collection Act (IWPCA).

In addition, Laura counsels and advises employers on issues related to leaves of absences, sick leave, disciplinary actions, terminations, reductions in force, employee classifications, handbooks, and policies. Laura also creates and negotiates employment, severance and release agreements, and assists employers in traditional labor relations with unions.

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  • Posted in:
    Cannabis
  • Organization:
    Greenberg Traurig, LLP

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