Upcoming Webinars. Voluntary Benefits What and Why October 18 th 12 MST. Health Care Reform - November 2 nd 11:00 MST

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1 Upcoming Webinars Voluntary Benefits What and Why October 18 th 12 MST The value proposition for voluntary benefits options has changed. As health care costs continue to rise and employers shift more costs to employees, the value of voluntary benefits is greater than ever before. Find out how to take advantage of tax savings. Health Care Reform - November 2 nd 11:00 MST ACA COBRA ERISA HIPAA All of the acronyms used within the world of health care reform and employment benefits can be confusing. We ll translate those terms into plain English and provide you with an understanding of the current benefits landscape. You ll discover important compliance aspects for employers, as well as what you need to know about the Affordable Care Act. As a bonus, you'll leave with a chart to help you determine what employer health care reform provisions apply to a company of your size. Employee Recordkeeping & I-9 Compliance - December 6 th 11:00 MST An I-9 audit can be an intimidating event. If you haven t properly completed or maintained your I- 9s, it can also be a costly one. This interactive webinar will help prepare you so you can be confident your organization is in compliance. We ll also focus on general federal recordkeeping compliance, including required retention times for hiring documents, payroll and tax information, and other important employee files.

2 Mary Jane and the Workplace R E E F E R M A D N E S S, E V E RY B O D Y S D O I N G I T!

3 t Jim Pendergast CEO, Penmar Consulting

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5 Alcohol or Marijuana? I m not high (drunk), I just did some last night... I was at a party where... I only blew.04, what s the issue? Marijuana stays in my system from a month ago! It just chills me out, it s not like I m impaired!

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7 Testing Alcohol is well established with legal limits and defined testing. Marijuana clings to fat cells and lasts in the system days. Testing is in the infancy stage. No accepted breathalyzer yet. People metabolize THC differently. Colorado and Washington have driving limit of 5 Nano grams per liter. The issue will likely become whether the employee is impaired at the time of the test or incident. However, law currently supports zero tolerance standard.

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9 Who goes to work high? Probably far more than we know, based on prescription drugs, drinking the night before (or drinking before the evening and night shifts), and marijuana. More than likely cross addictions. Safety at work concerns? Attendance concerns? Productivity concerns?

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11 It gets worse! First we had Colorado, then Washington, Oregon, Alaska, and the District of Columbia decriminalizing possession. Medical marijuana has been approved in 27 states. Ballot issues bring out far more money on the legalization side of the issue. Bernalillo and Santa Fe counties approved nonbinding propositions last November calling for decriminalization. LinkedIn had a recent post about HR jobs in the cannabis industry!

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13 Arbitration Florida case re-instating a fire fighter who tested positive. (Oakland Park) Ohio case where a Sherriff s Deputy had a 60 day suspension reduced to 10 days. Marijuana in the car and tested positive! Just recently a Connecticut case where an Arbitrator upset a termination and ordered a suspension only. The employee was smoking weed in a state-owned vehicle. The State appealed through the courts, and the CT Supreme Court stated there was NOT a public policy issue! The CT Supreme Court wanted to preserve the sanctity of the Arbitration system!

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15 Law of the land Federal Controlled Substances Act & Drug Free Workplace Act NM Lynn and Erin Compassionate Use Act, 26-2B-1 to -7 NMSA (2007) Medical marijuana; no employment rights. Casias v. Wal-Mart Stores, Inc., 695 F.3d 428 (6th Cir. 2012). Some other state statutes do offer employment protection.

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17 Law of the land Smith v. Presbyterian Healthcare Services, D-202-CV Medical marijuana cardholder terminated for positive test. Alleges medical condition discrimination under NMHRA. Coats v. Dish Network Medical marijuana patient; not impaired at work. Failed random drug test; fired based on zero tolerance. State statute protects employees for lawful off-duty activity. Colorado Supreme Court ruled 6-0 for employer.

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19 Reasonable Accommodation Washington a legal use state does not require. Nevada requires an attempt at accommodation. (Harry Reid s state) Most courts have concluded the ADA duty to reasonably accommodate does not require accommodating medical marijuana.

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21 What to do? Treat marijuana like any other illegal drug. Expressly say so in policy. Continue to test. Continue to watch for signs of impairment to trigger reasonable-suspicion testing: Eyes, gate, speech, etc. Off-duty with a medical marijuana card could become a tough case.

22 Questions? t Jim Pendergast CEO, Penmar Consulting pendi99@yahoo.com

23 Upcoming Webinars Voluntary Benefits What and Why October 18 th 12 MST The value proposition for voluntary benefits options has changed. As health care costs continue to rise and employers shift more costs to employees, the value of voluntary benefits is greater than ever before. Find out how to take advantage of tax savings. Health Care Reform - November 2 nd 11:00 MST ACA COBRA ERISA HIPAA All of the acronyms used within the world of health care reform and employment benefits can be confusing. We ll translate those terms into plain English and provide you with an understanding of the current benefits landscape. You ll discover important compliance aspects for employers, as well as what you need to know about the Affordable Care Act. As a bonus, you'll leave with a chart to help you determine what employer health care reform provisions apply to a company of your size. Employee Recordkeeping & I-9 Compliance - December 6 th 11:00 MST An I-9 audit can be an intimidating event. If you haven t properly completed or maintained your I- 9s, it can also be a costly one. This interactive webinar will help prepare you so you can be confident your organization is in compliance. We ll also focus on general federal recordkeeping compliance, including required retention times for hiring documents, payroll and tax information, and other important employee files.