The employer-employee relationship is one of the most regulated.
There are many (some would argue) that too Federal and state laws that often govern how employers may or may not treat applicants and employees. Its purpose is generally to ensure that employment is made available based on the applicant’s or employee’s information. merit That is, the applicant’s or employee’s ability to perform the required work rather than other irrelevant criteria such as “race, color, sex, religion, national origin, physical or mental limitations, or age.” is.
One such exception in North Carolina, however, has nothing to do with it. North Carolina law regarding legal use of legal products.
It is not designed to ensure that employers avoid discrimination, harassment, or retaliation based on personal characteristics, but rather that an applicant or employee uses a “legal product” in a “legal” manner. is intended to protect the right to use Do not leave the employer’s premises outside of working hours and adversely affect the employee’s job performance, ability to adequately carry out the responsibilities of the position in question, or the safety of other employees. Exceptions in question have existed since 1992.
law was taken New relevance in recent years Due to changes in legislation regarding hemp and hemp-derived cannabidiol (“CBD”) products and that they contain tetrahydrocannabinol (“THC”). These changes mean that employers must consider that applicants and employees legally use such substances “off the employer’s premises during off-duty hours.” responsibility of the position in question or the safety of other employees. ” These issues can come to the attention of North Carolina employers in a number of ways.
Hemp products, including hemp-derived CBD products, can legally contain up to 0.3{ea2cba5bdf6fe62bbe85e24807814144a71e77d3ae7311fbc27a008558d1372c} by dry weight of delta-9 tetrahydrocannabinol (“delta-9 THC”), the psychoactive component of cannabis. Hemp products contain high levels and concentrations of other naturally occurring THCs, including delta-8 tetrahydrocannabinol (“delta-8 THC”) and delta-10 tetrahydrocannabinol (“delta-10 THC”). It may also be included. S.
Some legal hemp-derived products do not produce an intoxicating effect on users of those products (for exampleCBD), but some (for example, delta-8 THC, delta-10 THC, hexahydrocannabinol or “HHC”). In some cases, people consuming legal hemp-derived products containing THC, even those that are not addictive, have a “positive” result on an employment-related drug test that screens for the presence of marijuana. may be obtained. Given the state of law today, the mere presence of THC in an applicant or employee’s bodily system is no longer a guaranteed indicator that the person has used an illegal drug or controlled substance.
Despite decades of policy to the contrary, as a matter of today’s legislation, hemp (and the THC found in hemp) is no longer considered marijuana and is not a controlled substance.
This “Lawful Use of Lawful Products” Act (NC Gen. Stat. § 95-28.2) applies to all private employers with three or more permanent employees, and to North Carolina ” Applies to all government employers who are states or political subdivisions. State” and has quite a few teeth. “Employees who have been dismissed or otherwise discriminated against, or prospective employees who have been denied employment in violation of the law,” must sue their employer within one year of the date of the alleged violation. and, in some cases, recover lost wages or benefits as a result. Orders to reinstate employment without loss of offense, position, seniority, or benefits, orders directing employers to provide employment to prospective employees, and reasonable legal costs, including court costs and attorneys’ fees.
For example, if a wrongfully dismissed employee files a lawsuit within a given year, and the case goes to court two years later, and the employee wins, she can definitely recover. 3 years In addition to “loss of wages or benefits as a result of the violation” she attorney’s fee. Employers will also bear their own legal fees. The resulting cumulative financial impact could be very difficult or disastrous.
The law provides some safe harbors for employers. For example, an employer may say “[r]Lawful non-compliance by employees during non-working hours, if the restriction relates to genuine professional requirements and is reasonably related to employment activities, or if the restriction relates to the fundamental purpose of the organisation. Restrict the legal use of sensitive products. To ensure these safe harbors, employers must proactively ensure that their employment policies, handbooks, and procedures are in line with North Carolina’s cannabis and cannabis laws that currently exist.
The hemp and cannabis business and legal landscape in North Carolina is important and rapidly changing, and employers should not rely on outdated employment policies, handbooks and template forms. The issues in the hemp and cannabis sector are unique and pervasive, requiring careful consideration and response.ward and smith employment law When hemp and cannabis As a team, our attorneys proactively advise clients on these and other cutting-edge issues affecting their businesses.
