Cisive continues to track closures of courts, employers and international countries impacted by the COVID-19 pandemic. Updates are available through the following links:
The Department of Homeland Security has extended its flexibility regarding the requirement for employers to physically inspect documents presented for section 2 of the Form I-9, this time extending the flexibility until March 31, 2021.
Originally announced on March 19, 2020, and extended several times since then, this policy allows employers that are operating 100% remotely due to COVID-19, to defer the physical presence requirements associated with section 2 of the Form I-9 (if there are employees physically present at the work location, in-person document inspection is required).
Once normal operations resume, employees who were on-boarded during this time must report to their employer within three business days for in-person verification of the document(s) presented for section 2 of the Form I-9. Also, although the in-person requirement is currently waived if operating 100% remotely due to COVID-19, the Form I-9 must still be completed within three business days of hire. Click here to read more.
Legalization of Recreational Marijuana: Effective January 1, 2021, the recreational use of marijuana by adults aged 21 and over is legal in Montana under the Marijuana Regulation and Taxation Act (the Act).
Regarding employers, the Act does not require an employer to permit or accommodate recreational use of marijuana in any workplace or on the employer's property or prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marijuana. An employer is also entitled to refuse to hire an individual or take an adverse employment action against an individual with respect to hiring, tenure, terms, conditions, or privileges of employment because of the individual's violation of a workplace drug policy or intoxication by marijuana while working.
Legalization of Recreational Marijuana: Effective January 1, 2021, the recreational use of marijuana by adults aged 21 and over is legal in New Jersey. Legislation is currently pending in the state legislature in order to address several issues, including how the legalization affects an employer's right to maintain a drug-free workplace as well as employer refusal to hire or employ any person or discharge from employment or take adverse action against any employee because that person does or does not us cannabis items, unless the employer has a rational basis for doing so which is reasonably related to the employment, including the responsibilities of the employee or prospective employee.