Anne-Marie Welch Featured in Society for Human Resources Management Articles

Jan 29, 2020

Clark Hill attorney Anne-Marie V. Welch was recently quoted in three articles for the Society for Human Resources Management’s (SHRM) online publication under State and Local Updates.  The first article, “Marijuana and the Workplace: What’s New for 2020?” discusses marijuana laws as they unfold into 2020, and how they will affect employers and employees.  Regarding laws that prohibit employers from discriminating against employees because they are authorized medical-marijuana patients or caregivers of patients, Welch noted that “In those states, employers may be required to engage in the interactive process to accommodate the use of medicinal marijuana off duty"  and “more and more employers appear to be treating marijuana use like alcohol use allowing recreational off-duty use.”  To read the full article, please click here.

In the second article, “Workplace Drug Testing: What to Do When Employees Fail,” Welch explains that, in regard to states such as Illinois that provide employees with the opportunity to challenge the results of the test, “this is likely because drug tests for marijuana are still imperfect and detect use from days and weeks prior.”  To read the full article, please click here.

The third article, “Workplace Drug Testing: Weighing the Pros and Cons” discusses the pros and cons of testing in the workplace. When it comes to providing a safe work environment, and ensuring that employees are productive, is maintaining a drug-testing program in furtherance of these goals?  Welch notes, “You have to consider the needs of the business, in addition to any applicable state laws.  Some employers are federal contractors or hire drivers and have to follow specific drug-free workplace laws.”  To read the full article, please click here.

Anne-Marie V. Welch is a Member in Clark Hill’s Labor & Employment group, based in the firm’s Birmingham office.  Welch defends employers in state and federal lawsuits and administrative proceedings against wrongful discharge, discrimination, harassment, retaliation and related statutory and tort claims. Welch routinely counsels management regarding labor and employment best practices, including: recruiting; employment and independent contractor agreements; wage and hour matters; recordkeeping; handbooks; union negotiations; leave administration; employee counseling, discipline, terminations and grievances; and, reductions in force.  She also prosecutes and defends claims pertaining to confidentiality, non-competition and non-solicitation agreements.