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Emerging Litigation PodcastAuthor: Tom Hagy
Litigators and other professionals share their thoughts on ELP about new legal theories, new areas of litigation, and how existing (sometimes old) laws are being asked to respond to emerging risks. The podcast is designed for plaintiff attorneys, defense counsel, corporations, risk professionals, litigation support companies, law students, or anyone interested in the law. The host is Tom Hagy, long-time legal news writer and enthusiast. He is former editor and publisher of Mealey's Litigation Reports, Founder and Editor-in-Chief of HB Litigation, co-owner of Critical Legal Content, and Editor-in-Chief of multiple legal blogs for clients. Contact him at Editor@LitigationConferences.com. Language: en-us Genres: Business, News, News Commentary Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026
Episode 111
Monday, 5 January, 2026
With 46 million Americans facing substance use disorders and cannabis laws evolving across all 50 states, workplace drug policies have become a critical challenge for employers and employees alike. Employment law expert Keya Denner from Constangy, Brooks, Smith & Prophete joins Tom Hagy on the Emerging Litigation Podcast to break down what you need to know about cannabis, drug testing, and workplace safety in 2024.WHAT YOU'LL LEARN:- How state cannabis laws are reshaping workplace drug testing policies- Balancing employee privacy rights with workplace safety obligations- ADA compliance and reasonable accommodation for substance use disorders- What "fitness for duty" means and when it can be required- Documentation strategies that protect employers from litigation- Common misconceptions about prescription drugs and workplace impairment- How legal drug use (medical/recreational cannabis) affects employment- Building safety programs that respect employee rights and reduce accidentsKEY INSIGHTS:✓ Safety and privacy aren't competing interests—employers must uphold both✓ Documentation and consistency are your strongest legal defenses✓ Legal drug use doesn't eliminate safety concerns but requires individualized accommodation✓ 46 million Americans have substance use disorders—this affects every workplaceTIMESTAMPS:00:00 - Substance Use in the Workplace: A Growing Concern13:02 - Navigating Privacy and Safety in Employment18:35 - Building Compliant Safety Programs21:44 - Effective Safety and Assessment Programs23:16 - Documentation and Accountability26:27 - Understanding Fitness for Duty Processes29:36 - Common Misconceptions About Drug Use37:51 - Navigating Drug Regulations in the WorkplaceABOUT KEYA DENNER:Keya Denner is a senior labor and employment litigator with over 20 years of experience representing employers in discrimination, disability, and compliance matters. He co-chairs Constangy's Cannabis & Employee Substance Abuse practice group and regularly counsels Fortune 500 companies in retail, hospitality, and logistics on building compliant workplace programs as cannabis laws evolve.WHO SHOULD WATCH:→ HR professionals and compliance officers→ Business owners and executives→ Employees using medical or recreational cannabis→ Safety managers and team leaders→ Anyone navigating employment law and drug policiesWhat's your experience with workplace drug policies? Share in the comments!👍 Like if you found this helpful | 🔔 Subscribe for more employment law insights#cannabislaw #workplaceculture #employmentlaw #workplacesafety #hrcompliance Emerging Litigation Podcast______________________________________ Thanks for listening! If you like what you hear please give us a rating. You'd be amazed at how much that helps. If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com. Ask him about creating this kind of content for your firm -- podcasts, webinars, blogs, articles, papers, and more. Tom on LinkedIn Emerging Litigation Podcast on LinkedIn Emerging Litigation Podcast on the HB Litigation site
