Navigating Cannabis Employment Laws
February 24, 2025
Navigating Cannabis Employment Laws

As medical and recreational cannabis laws continue to evolve, employers in the Northeast face unique challenges when developing workplace policies. Understanding state-specific regulations is crucial to ensuring compliance while maintaining a safe and productive work environment.


This guide provides an overview of cannabis-related employment laws in key Northeastern states, offering clarity on what employers can and cannot do regarding hiring, discipline, and drug testing. Since state laws change frequently, employers should consult legal professionals and insurance carriers for the most up-to-date guidance.


Key Considerations for Employers

Employers must balance workplace safety with employees’ rights, particularly as state laws differ significantly. While federal regulations such as the Drug-Free Workplace Act and Department of Transportation (DOT) rules still apply, employers should also consider:


  • State disability discrimination laws – Some states require reasonable accommodations for medical cannabis use.
  • Lawful off-duty conduct laws – In certain states, employees cannot be disciplined for legally using cannabis outside of work.
  • Religious accommodations – Employers may need to accommodate cannabis use for religious purposes.
  • Wrongful termination claims – Firing an employee solely for cannabis use may violate public policy in some jurisdictions.
  • State drug testing laws – Some states impose restrictions on when and how employers can test for cannabis.


Employers may maintain drug-free workplace policies but should ensure they comply with state-specific requirements, particularly when disciplining employees or making hiring decisions.


State-Specific Employer Guidance

Below is a breakdown of cannabis-related employment laws in key Northeastern states.


Connecticut

  • With some exceptions, employers:
  • Cannot refuse to hire an applicant for using cannabis outside of work unless they would violate a federal contract or lose federal funding by hiring them.
  • Cannot discipline or discharge employees for using cannabis outside of work unless they have a written policy that is provided to employees prior to its effective date, and to applicants when they are offered a job.
  • Cannot discipline or discharge employees or applicants for testing positive for the main inactive metabolite of cannabis.
  • Can prohibit employees from working under the influence of cannabis.
  • Can discipline and discharge employees if they have a reasonable suspicion that they used cannabis at or during work or on call.
  • Can discipline and discharge employees who show specific, articulable symptoms of impairment while working or on call that negatively affect their job performance.


  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis patient, except when:
  • It would violate a federal law; or
  • The employer would lose federal funding.
  • Note: A court has held that a federal contractor’s required compliance with the Drug-Free Workplace Act did not qualify for either exception.


  • A court has held that a registered patient’s protected status includes using medical cannabis off duty.
  • Employers cannot prohibit employees who are qualifying palliative medical cannabis patients from possessing cannabis at work.
  • The medical cannabis law states that employers may prohibit employees from using cannabis during work and from working under the influence of cannabis.


Delaware

  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis patient.
  • Employers may not discipline or discharge applicants or employees based on a positive drug test unless they use, have, or are impaired by cannabis at work or during work.
  • The recreational cannabis law states that it doesn’t restrict employer rights with respect to setting and enforcing terms and conditions of employment (for example, accommodations, policies, or discipline) and that employers can prohibit the possession, use, and distribution of cannabis on their property.
  • Exceptions to employment protections under the medical cannabis law exist when the employer would:
  • Lose federal money; or
  • Lose a federal license.


District of Columbia

  • Employers may have drug policies prohibiting cannabis.
  • The recreational cannabis law states that employers are not required to accommodate cannabis use at work.
  • Protections have passed for medical cannabis use, but the effective date is still pending.
  • Employers may not test applicants for cannabis until after extending a conditional offer of employment, unless otherwise required by law.


Maine

  • Employers may prohibit employees from using recreational marijuana at or during work.
  • Employers may discipline employees for working under the influence of recreational marijuana.
  • The law previously specifically prohibited employers from disciplining employees for off-duty use, which the Maine Department of Labor interpreted to mean that employers cannot discipline an employee or disqualify an applicant based solely on a positive marijuana test.
  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis patient, except when the employer:
  • Would lose federal money; or
  • Would lose a federal license.
  • The medical cannabis law states that it does not require employers to allow employees to use cannabis at work or to work while under the influence of cannabis.


Maryland

  • The medical cannabis law does not address employers’ or employees’ rights or obligations specifically. However, the law states that medical cannabis patients cannot be penalized, disciplined, or denied any right or privilege for using or possessing medical cannabis in compliance with the law.
  • The recreational cannabis law does not address employers’ or employees’ rights or obligations.


Massachusetts

  • The recreational cannabis law states that it does not prevent employers from enforcing their drug policies restricting employees’ consumption of cannabis.
  • The cannabis laws state that employers are not required to accommodate medical or recreational use at work.
  • Employers are required to engage in the interactive process under state disability discrimination law regarding potential accommodations for off-duty medical use.


New Hampshire

  • The medical cannabis law states that it allows employers to prohibit employees from using cannabis at work or during work, and from working under the influence of cannabis.
  • Using medical cannabis off duty can be a reasonable accommodation under the state’s disability discrimination law.


New Jersey

  • Employers are prohibited from:
  • Requesting criminal cannabis history;
  • Making employment decisions based solely on an applicant’s or employee’s criminal cannabis history;
  • Discriminating against an employee or applicant because they use cannabis outside of work; or
  • Disciplining an employee solely for testing positive for THC.
  • Drug testing for cannabis/THC must include a physical evaluation to determine if the employee is currently impaired. The physical evaluation must be done by someone with a Workplace Requirement Recognition Expert (WIRE) certification.
  • Employers may not discriminate against an applicant or employee based solely on their status as a medical cannabis cardholder.
  • If an applicant or employee tests positive for THC, the employer must provide them with written notice of their right to present a legitimate medical explanation for the positive test result or request a retest of the original sample at the applicant’s or employee’s own expense. The applicant or employee then has three working days to provide their healthcare practitioner’s authorization for medical cannabis or a registry identification card.
  • Exceptions to these employment protections for medical cannabis are:
  • If the employee uses or has cannabis during work;
  • If the employer would violate federal law; or
  • If the employer would lose a federal license, a federal contract, or federal funding.
  • The medical cannabis law states that it allows employers to prohibit employees from using cannabis at or during work.
  • Employees can sue employers under the state disability discrimination law for failing to accommodate off-duty medical cannabis use.


New York

  • Employers may not discriminate against or discipline an applicant or employee based on their lawful off-duty consumption or use of cannabis off the employer’s premises.
  • Exceptions to these employment protections exist where:
  • The employer’s action is required by federal or state law or federal or state governmental mandate;
  • The employee is impaired by cannabis during work (see below); or
  • The employer would violate a federal law or lose federal funding or a federal contract.
  • An employee is impaired by cannabis at work if they have “specific articulable symptoms” that either negatively affect their job performance or interfere with the employer’s ability to provide a safe workplace.
  • The medical cannabis law states that it allows employers to prohibit on-duty impairment.
  • State disability discrimination protections apply to certified medical cannabis patients.
  • Exceptions to the medical cannabis employment protections exist when the employer would:
  • Violate federal law;
  • Lose a federal contract; or
  • Lose federal funding.


Pennsylvania

  • The medical cannabis law prohibits employers from discharging, threatening, refusing to hire, or otherwise discriminating or retaliating against an employee solely based on their status as a medical cannabis patient.
  • The medical cannabis law states that it does not:
  • Require employers to allow employees to use medical cannabis at work.
  • Prohibit employers from disciplining an employee for being under the influence of medical cannabis at or during work when the employee’s conduct falls below the standard of care normally accepted for that position.
  • Require employers to violate federal law.
  • The medical cannabis law states that it allows employers to prohibit employees from performing any duty that could result in a public health or safety risk while under the influence of cannabis.


Rhode Island

  • Employers may not discriminate against or discipline an applicant or employee based solely on their status as a medical cannabis cardholder, with the following exceptions:
  • The employee uses or has cannabis at work;
  • The employee is under the influence of cannabis at work;
  • The employee works under the influence of cannabis when doing so would be considered negligence or professional malpractice, or would jeopardize workplace safety;
  • The employee operates or physically controls a motor vehicle, equipment, or firearms while under the influence of cannabis;
  • The employee violates terms of a collective bargaining agreement;
  • The employer would lose federal funding; or
  • The employer would lose a federal licensing-related benefit.
  • The medical cannabis law states that it does not require employers to accommodate employees using medical cannabis at work.
  • Employers are prohibited from disciplining or discharging an employee for lawfully using cannabis off duty unless one of the following exceptions applies:
  • The employee works while under the influence of cannabis;
  • The employee is subject to a collective bargaining agreement that prohibits lawful, off-duty cannabis use;
  • The employer is a federal contractor and failing to discipline or fire the employee would cause the employer to lose a monetary or licensing-related benefit;
  • The employer is subject to a federal law or regulation, and failing to discipline or fire the employee would cause the employer to lose a monetary or licensing-related benefit; or
  • The employee’s job is hazardous, dangerous, or essential to public welfare or safety and the employer’s policy prohibits them from using cannabis for 24 hours before their scheduled shift (e.g., first responders, jobs that involve operating heavy equipment or machinery or commercial vehicles).


Vermont

  • The recreational cannabis law states that it does not:
  • Require an employer to allow employees to use or have cannabis at work;
  • Prevent an employer from having a policy that prohibits the use of cannabis at work;
  • Create a reason an employee can sue an employer; or
  • Prevent an employer from prohibiting or regulating cannabis at work.
  • The medical cannabis law does not address employers’ rights or obligations.


Navigating cannabis laws can be complex, but staying informed about your state's regulations is crucial. Employers in the should continually review their policies and seek legal counsel to ensure compliance, reduce liability, and maintain a safe work environment for all employees.


If you have any questions, contact us! Simco is here to support your business.

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How the Right Payroll Tech Simplifies W-2s and Tax Filing

April 15, 2025
It’s April 15—Tax Day in the U.S.—and if you’re a business owner or HR professional, chances are W-2s, filings, and compliance have been front and center for weeks (if not months). But here’s the thing: tax season doesn’t have to be stressful. The right payroll and HCM technology can turn what’s traditionally a time-consuming, error-prone scramble into a streamlined, accurate, and surprisingly painless process. From automatically balancing year-to-date totals to generating and distributing W-2s on time, a robust payroll system ensures nothing slips through the cracks. No more cross-checking data across platforms, no more last-minute tax filings, and no more anxiety about penalties or missed deadlines. At Simco, we get it—because we help businesses simplify this process every single day. The Challenges of Traditional Payroll Tax Management If you're still managing payroll taxes manually—or using disconnected software systems—it’s all too easy to fall behind. Some common issues employers face include: Human error : Tax calculations, forms, and deadlines are complex. A small mistake can lead to penalties or costly overpayments. Time-consuming manual work : Without automation, payroll processing can involve endless imports, exports, and reconciling data across multiple platforms. Compliance risk : With ever-changing tax laws at the federal, state, and local levels, staying compliant can become overwhelming without the right tools. How the Right Technology Can Make Tax Season a Breeze Today’s modern payroll and HCM systems are designed to simplify these challenges. Here’s how the right technology can help: 1. Automated Tax Filing and Payments: An integrated payroll system automates tax calculations, deductions, and filings. Forms like W-2s and W-3s are automatically generated, filed, and paid—without manual input. This reduces the risk of late filings, penalties, and missed deadlines, ensuring compliance with the IRS and state tax agencies. 2. Streamlined W-2 Management: W-2s can be a headache to manage—especially if you have complex tax scenarios like multi-state employment. With an automated system, W-2s are generated and distributed electronically, ensuring accuracy even in complex situations. Employees receive the correct form without you having to spend valuable time cross-checking or manually making corrections. 3. Self-Balancing Capabilities: A self-balancing payroll system ensures that your year-to-date totals and tax filings are accurate, eliminating the need for extensive manual reconciliation. By automatically matching figures in real-time, it streamlines year-end reporting, providing peace of mind when the filing deadline approaches. 4. Fewer Third-Party Imports and Exports: With everything integrated into a single platform, you won’t need to rely on third-party software or services for tax filing and reporting. This means fewer opportunities for errors, fewer manual imports and exports, and significant time saved during payroll processing. 5. Automated Adjustments and Updates: Tax laws and rates change frequently. With the right payroll system, you won’t have to worry about manually updating deductions or tax rates. The system automatically applies changes—whether it’s an update to federal tax rates or state-specific deductions—so your payroll is always up to date. 6. Expert Support When You Need It: Even with the best technology, tax season can present complex challenges. That’s why it’s important to have access to expert support. Whether you need help with multi-jurisdiction filings, audit preparation, or just have questions about tax return procedures, our team of HCM Specialists at Simco is here to provide guidance and ensure that you’re compliant every step of the way. Why Choose Simco for Smarter Payroll and Tax Management? As an isolved Network Partner, we offer a fully integrated payroll and tax management system that is built to handle the complexities of tax season—and beyond. We provide businesses with the tools they need to automate tax filings, ensure compliance, and streamline payroll processing. Here's how we do it: All-in-One Payroll & Tax Platform : From payroll processing to tax deposits and W-2 filings, everything happens within one system, reducing manual work and the risk of errors. Automatic Filing & Timely Accuracy : Federal, state, and local tax filings are completed automatically and on time, ensuring your employees receive only one accurate W-2 form—even in multi-state tax scenarios. Error-Free Tax Reporting : Our self-balancing ledger helps reduce errors and simplifies reconciliation, making tax reporting easier and faster. Expert Support : Whether it’s navigating multi-jurisdictional filings, preparing for an audit, or handling amendments, our team is always available to offer expert advice and assistance. Cost-Effective Solutions : We offer top-tier tech at competitive pricing, often matching or beating our competitors (learn about the Simco Price Match Commitment here !), while providing the personalized service that large providers can’t. Let’s Make Next Tax Season Easier, Starting Today It’s never too early to think about next year. With our unified payroll/HCM solution at Simco, you can save time, reduce stress, and ensure compliance all year long. It’s time to upgrade your payroll system to one that works smarter, not harder. Let’s chat and explore how we can help streamline your payroll and tax processes, so you can focus on growing your business with confidence.

SMART Goals: The Key to Crushing Your Business Objectives

April 4, 2025
New month, fresh start! But let’s be real—how many times have you set a goal, only to watch it fizzle out? Maybe it was too vague, too ambitious, or just got buried under the daily chaos. If you’re tired of spinning your wheels, it’s time to take a smarter approach—literally. Enter SMART goals —your secret weapon for turning ideas into reality. Whether you’re looking to improve employee retention, streamline operations, or boost revenue, this framework ensures your goals don’t just sound good but actually get done . The SMART Formula for Success Specific – Get laser-focused. A goal like “improve employee morale” is too broad. Instead, ask yourself: What does success look like? Are you reducing turnover? Increasing engagement scores? Define it. Measurable – Numbers don’t lie. How will you know if you’ve succeeded? Instead of saying, “increase engagement,” set a target: “Boost employee engagement scores by 5%.” Tracking progress keeps you accountable. Achievable – Dream big, but stay realistic. Sure, we’d all love zero employee turnover, but is it feasible? Probably not. However, reducing turnover by 15%? Now that’s a goal within reach. Relevant – Align with the bigger picture. Every goal should move your business forward. If your focus is employee retention, then prioritizing revenue growth over culture initiatives might not be the best move. Keep your goals aligned. Time-Bound – Set the clock. “Improve retention” is a nice thought, but without a deadline, it’s just wishful thinking. Instead, say, “Increase retention by 5% by the end of the year.” A firm timeline drives action. Track It or Lose It A goal without tracking is just a wish. You wouldn’t set out on a road trip without checking the map, so why leave your goals to chance? Regular progress check-ins—whether through weekly reports, monthly reviews, or real-time dashboards—help keep you on course. Tracking not only highlights wins but also flags roadblocks early, giving you the chance to pivot before it’s too late. And here’s the key: don’t just track for the sake of tracking—use the data to refine your approach. For example, imagine you're aiming to improve employee engagement scores by 5% by the end of the year. After tracking progress for a few months, you notice that engagement is lagging in one department. Instead of waiting until the year-end review, you dig deeper. Perhaps it’s due to lack of recognition or unclear communication—adjustments are made, and suddenly, the department starts seeing improvement. Tracking allows you to course-correct in real-time, ensuring that you hit your target rather than missing the mark. The most successful businesses aren’t the ones that never face setbacks—they’re the ones that track, adapt, and push forward. How We Use SMART Goals to Stay Ahead At Simco, we don’t just talk about SMART goals—we live by them. Our team follows the Entrepreneurial Operating System (EOS) , which helps us stay focused, aligned, and results-driven. A big part of EOS is setting Rocks —key priorities for the next 90 days. And guess what? Every Rock follows the SMART framework: Clearly defined objectives Measurable success markers Challenging yet attainable goals Aligned with our company vision Locked in with a firm 90-day deadline This system keeps us accountable, making sure we’re always moving the needle in the right direction. Your Turn: Take Action Today No more “someday” goals— today is the day to take control. Whether you’re aiming to increase revenue, refine your processes, or boost employee satisfaction, the SMART approach ensures you’re not just busy—you’re making real progress. Need help aligning your HR, payroll, or benefits strategy with your business goals? Simco is here to help . Let’s make this your most productive quarter yet!

The Do’s and Don’ts of Office Pranks

April 1, 2025
April Fools' Day is often the perfect opportunity for some lighthearted fun at the office. Whether it's a harmless prank, a funny email, or a playful desk setup, these moments of levity can help break up the monotony of the workday and bring smiles to your team. However, as many HR professionals know, it’s essential to strike a balance between fun and professionalism. While the intention behind pranks is typically harmless, they can sometimes cross boundaries and lead to uncomfortable situations, or worse, legal risks. Recently, an example came to light where one employee thought it would be funny to place a suggestive image on a coworker's desk. The issue arose when another employee saw the image and was offended, leading to a formal complaint. This scenario highlights the importance of knowing where to draw the line between lighthearted fun and inappropriate behavior. A Fine Line: When Fun Turns into Harassment Even if a prank isn't directly targeted at the offended person, it can still create a hostile work environment, especially if it makes someone uncomfortable. As an employer, it's crucial to ensure that your workplace remains respectful and free from harassment. If a prank results in a complaint, it's essential to follow your company's policies to investigate and address the situation. Proper documentation of your investigation and the actions taken is vital to demonstrate that you've fulfilled your obligations as an employer and to protect the organization in case of any future disputes. Setting Clear Expectations To avoid similar issues in the future, it's a good idea to review and clarify your company's stance on pranks and personal conduct in the workplace. Setting expectations starts with having a clear written policy that outlines what is and isn’t acceptable behavior, especially regarding pranks. Consider creating a set of guidelines that all employees can refer to, and be sure these expectations are communicated effectively to everyone. Here are a few tips to guide you: Establish a Formal Policy: Clearly define the boundaries of acceptable humor in your workplace. The policy should cover both pranks and jokes, specifying that while fun is encouraged, it should not come at the expense of respect, inclusion, or professionalism. Communicate Expectations Clearly: Include these guidelines in your employee handbooks or conduct policies, and ensure they’re reviewed during onboarding. Hold periodic team meetings to remind everyone about the importance of maintaining a respectful environment and reinforcing your stance on pranks. Set the Tone from Leadership: Managers and leaders should set an example when it comes to humor in the workplace. They should demonstrate the type of jokes or pranks that are acceptable and ensure their actions align with company policy. Employees are more likely to follow suit when they see their leaders taking these matters seriously. Encourage Open Communication: Foster a culture where employees feel comfortable speaking up if they feel a joke or prank crosses the line. Providing a safe outlet to discuss concerns without fear of retribution will help create an open, transparent environment where everyone feels heard. Categories of Pranks and Jokes That Cross the Line While there’s no one-size-fits-all approach, there are certain categories of pranks and jokes that should generally be off limits in the workplace . These pranks have the potential to cause harm, create discomfort, or violate company policies. By categorizing these behaviors, you can help employees better understand where to draw the line. Sexual or Gender-Based Humor : Avoid pranks with suggestive content, gestures, or language that can create a hostile work environment or be considered harassment. Discriminatory Jokes : Refrain from jokes targeting someone's race, religion, gender, sexual orientation, or other protected characteristics, as they can be harmful and illegal.  Invasive Pranks : Don’t tamper with personal belongings or invade others' personal space, as this undermines comfort and respect. Work Disruptions : Pranks that interfere with productivity or damage equipment should be avoided, as they can hurt overall efficiency. Aggressive or Harmful Pranks : Any prank that causes physical harm or emotional distress, including pranks involving physical touch or intimidation, is off-limits. Creating a Culture of Respect and Fun The key to managing pranks and other fun activities is to cultivate a workplace culture where employees feel comfortable, respected, and empowered. Rather than banning all pranks, focus on fostering a professional environment where employees understand the line between harmless fun and actions that could potentially harm or offend others. Encourage employees to engage in team-building activities and moments of levity that unite them in a positive and inclusive way, without crossing into territory that could lead to complaints or workplace tensions. As April Fools' Day passes, it’s important to remember that while pranks can provide a bit of comic relief, they should never come at the expense of respect or professionalism. By setting clear boundaries, encouraging open communication, and ensuring all employees understand your policies, you can create a workplace where everyone feels comfortable—whether they're laughing at a harmless joke or focusing on their next big project. Have fun in the workplace—but always ensure that a good laugh never comes at the expense of respect or professionalism!

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