Green, Tested, and Protected: Reconciling ADA Rights in the Cannabis Workplace
- Average Rating:
- Not yet rated
- Bundle(s):
- CLI2025 On-Demand
- Categories:
- Employment law
- Faculty:
- Alissa Jubelirer | Mark J. Neuberger | Alexander Pe | Steven Avalos
- Duration:
- 1 Hour 07 Minutes
- Format:
- Audio and Video
- SKU:
- INCBA080825workplaceOD
- License:
- Access for 6 month(s) after purchase.
Description
This presentation will examine how the Americans with Disabilities Act (ADA) applies in the cannabis workplace, focusing on mental health accommodations and how leave can also function as a reasonable accommodation. After a brief overview of ADA fundamentals, we will explore how cannabis employers are seeing increased requests for accommodations tied to mental health conditions—especially given the industry’s younger workforce, where such issues are more prevalent. We will discuss the Equal Employment Opportunity Commission’s position on what is and what is not a reasonable accommodation, and how those accommodations might manifest themselves in the workplace. We will also discuss how to handle requests for leave under the ADA, how the Family and Medical Leave Act (FMLA) and short-term disability (STD) benefits may apply, and when workers’ compensation might come into play.
Credits
This program is eligible for 1 hours of General CLE credit in 60-minute states, and hours of General CLE credit in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.
INCBA webinars are generally eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees. States typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program.
The on-demand version of this webinar is eligible for credit in the following states: AR, AL, CA, CO, GA, HI, IL, NJ, NM, NY, ND, PA, TX, VT. Additional states may be available for credit upon self-application by attendees.
(Default credit disclaimer updated 02.08.2024)
For current accreditation status, please select your jurisdiction below.
Handouts
| AADLAN~1 (103.3 KB) | Available after Purchase | ||
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| NOFFSI~1 (117.7 KB) | Available after Purchase | ||
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| MENTAL~1 (217.7 KB) | Available after Purchase | ||
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Faculty
Alissa Jubelirer Related Seminars and Products
Of Counsel
Benesch
Ali is a seasoned legal and business professional with deep expertise in labor and employment law, particularly as it intersects with the unique challenges of the cannabis industry. With a career spanning over two decades, Ali has guided businesses through a variety of legal, regulatory, and operational challenges. Her areas of focus include labor and employment, regulatory compliance, corporate governance, and commercial contracts, with a keen understanding of the evolution of the national and international cannabis landscape.
While Ali is a key member of Benesch’s Cannabis Practice Group, she also brings significant experience working with startups and tech companies across various industries. Her tenure at Groupon, starting shortly after its public listing, provided her with invaluable insights into the legal and operational needs of high-growth tech companies. This experience, combined with her comprehensive legal background, enables Ali to effectively assist clients both within and outside the cannabis industry.
Prior to joining Benesch as Of Counsel, Ali ran a law practice called Jubelirer & Eastman, where she and her partner provided legal services to clients primarily in the tech, hospitality, and cannabis sectors. From 2022 to March 2024, Ali also ran Dynamic Jack, a licensed cannabis cultivation and manufacturing company; and most recently, she founded Dynamic Jane to develop products in the hemp-infused category, with a focus on infused beverages. Before these ventures, Ali served as General Counsel to Revolution Cannabis Co., a multi-state cannabis operator based in Chicago. She also founded CannaMatch, a company with the mission of connecting new (at the time) Illinois social equity cannabis licensees to trusted service providers. Ali enjoys writing and has been a member of the Rolling Stone Culture Council for several years, publishing articles about the cannabis industry from the perspective of an operator. At the same time, you can find articles Ali has written from a legal perspective on Benesch’s website, including deep dives into what to expect in 2024 in the cannabis industry, and the likely path of cannabis rescheduling under the Controlled Substances Act.
Ali’s career prior to the cannabis industry includes nearly eight years at Groupon in various roles, culminating as VP & Deputy General Counsel and Chief Compliance Officer in 2019, where she oversaw the U.S and international employment and labor needs of the company, its global ethics and compliance program, and its immigration function. She also spent six years at Tribune Company as employment in-house counsel and five years at Seyfarth Shaw LLP, focusing or traditional labor and employment litigation. Ali holds a B.A. from The Pennsylvania State University Honors Program and a J.D. from Loyola University Chicago School of Law. She is a certified Compliance and Ethics Professional (CCEP) and holds a Senior Professional Human Resources (SPHR) certification. In addition to writing articles about her experiences as a cannabis operator and her legal interpretation of both new and shifting laws, Ali is a sought-after speaker on panels discussing legal developments impacting cannabis (including hemp); entrepreneurship; and her experience as a woman in the industry.
Mark J. Neuberger Related Seminars and Products
Of Counsel
Foley & Lardner LLP
Mark Neuberger provides A to Z representation of management in all areas of employment law, including general labor and employment guidance to clients. He serves as co-chair of the firm’s multidisciplinary Cannabis Industry Team and regularly advises companies both in and out of the cannabis industry on multitude of legal issues presented by legalization.
Mark regularly represents clients in the health care, hospitality, manufacturing and not-for-profit industries. In addition, Mark serves on Foley’s national Pro Bono Legal Services Committee.
Mark represents employers in employment litigation matters before administrative agencies, such as the Equal Employment Opportunity Commission and National Labor Relations Board, arbitration tribunals, as well as state and federal trial and appellate courts. He has extensive experience negotiating collective bargaining agreements with unions. He also negotiates and drafts executive level employment agreements. He has litigated a wide variety of discrimination claims, whistleblower actions, wage payment and Fair Labor Standards Act cases. In addition, Mark drafts and litigates covenants not-to-compete and other employment-related restrictions. Mark also advises clients on a variety of business-related immigration issues, including audits of employers’ compliance with immigration and labor regulations, preparation of employment-based immigrant visa petitions, preparation of investment and professional visas and labor certifications.
Prior to becoming an attorney, Mark worked for 10 years in the human resources department of a Fortune 100 corporation. Mark is a frequent speaker and trainer on various labor and employment-related topics. Clients frequently utilize Mark’s practical experiences by retaining him to conduct in-house management training on a variety of employment-related topics.
Alexander Pe Related Seminars and Products
Associate General Counsel
Terrabis
Alexander Pe is Associate General Counsel at Terrabis, a privately held, multi-state cannabis operator headquartered in Missouri, with four Missouri dispensaries, a product manufacturing facility in Kansas City, and four dispensaries in Illinois.
Terrabis prides itself on being a trusted partner in the cannabis community, offering only the highest quality products and information. We are a team of dedicated cannabis professionals creating the best possible experience for everyone. We believe in the transformative power of education and passion, continuously staying informed about the newest advancements and trends in all aspects of the cannabis industry. You can rely on Terrabis to provide you with the highest-quality products, backed by a wealth of knowledge and a sincere interest in your well-being.
Steven Avalos Related Seminars and Products
VP and Associate General Counsel – Labor and Employment
Verano Holdings Corp.
Accomplished labor and employee relations attorney with expertise leading collective bargaining for Fortune 500 enterprises and private law firms. Partner with executives to ensure employee relations align with company vision and mission. Exceptional communication skills and bi-lingual in English and Spanish.