Connecticut Passes Law Legalizing Cannabis

July 1, 2021

Connecticut passed a new law legalizing cannabis. Effective July 1, 2021, individuals will be able to lawfully possess, use, and consume recreational cannabis.


Smoking Restrictions

The law contains provisions restricting smoking that will affect employers. These provisions will go into effect October 1, 2021.

All employers must ban smoking and the use of electronic nicotine and cannabis vaping products in any area of their facility. Employers can no longer designate a smoking room for employees. The law applies to the inside of buildings as well as 25 feet from any doorway, window, or vent. Exceptions are limited and include tobacco or cannabis research facilities and specific licensed establishments. Employers also have the option to designate their entire property as a nonsmoking area.


Employment-Related Provisions

Another section of the law contains several provisions that will affect employers and their employment policies. These provisions will be effective July 1, 2022.


  • Employers can implement policies prohibiting the use of cannabis by employees, except for qualified patients under the state’s medical marijuana laws. Any such policy must be in writing and be made available to employees and prospective employees before it goes into effect.


  • Employers cannot terminate or take any adverse action against an employee because the employee uses cannabis outside the workplace, except when an employer has an established policy in place. 


  • Employers cannot terminate or take any adverse action against an employee or prospective employee for using cannabis prior to employment, unless it would put the employer in violation of a federal contract. 


  • The law affirms that employers have the right to maintain a drug and alcohol-free workplace and that employers may take adverse action when they have a reasonable suspicion of an employee’s cannabis use while working or when an employee shows “specific, articulable symptoms” of cannabis use while working. 


  • Employers can terminate or take adverse action against an employee after a positive drug test if the employer has a reasonable suspicion the employee is using cannabis at work, if the testing was part of an established random drug testing policy, or if the testing was for a prospective employee with a conditional job offer.


Certain employers are exempt, including: mining, utilities, construction, manufacturing, transportation/delivery, educational services, healthcare or social services, and justice, public order, and safety activities.


The law also exempts certain employee positions, including: firefighters, EMTs, police officers, positions requiring operation of a motor vehicle that requires drug testing under state or federal law, positions requiring certification of completion of a course in construction safety and health approved by OSHA, positions requiring supervision or care of children, medical patients or vulnerable persons, positions for which the law would conflict with federal law, positions funded by a federal grant, or if the provisions would conflict with an employment contract or collective bargaining agreement, and positions that an employer determines have the potential to adversely impact the health or safety of employees or the public.


Individuals aggrieved by an employer’s violation of the law can bring a civil action in superior court and may be awarded reinstatement their job or job offer, back pay, and attorney’s fees.

 

For any questions or concerns about this new Connecticut law, please contact the attorneys at The Royal Law Firm at 413-586-2288.

Massachusetts Wage Act: Not Even a Single Day Delay

April 18, 2025
Employee's Wage Act Claim Case Overview : In Turgut v. Hitachi Rail STS USA, Inc., Plaintiff filed a putative class action against a company, Defendant, alleging violation of the Wage Act by not paying wages within six days of the pay period's end. Defendant argued that its employees fell under the exception that allowed seven days for payment; however that exception only applies to hourly workers that work all seven days of a work week. The plaintiff is looking to represent a class of employees that received W-2 wages in what he alleges was in an untimely manner. The case was originally filed in state court on February 20, 2025 but was moved to federal court. Reason for Treble Damages: Under Rueter v. City of Methuen, the seminal case regarding the Massachusetts Wage Act (“Wage Act”), the proper measure of damages under the Wage Act is treble damages. Previously employees were only entitled to interest on the unpaid wages if the company paid before proceedings started. It kept noncompliance from being as costly as it is now. Currently any violation can be subjected to treble damages for the total amount of the alleged late payment. It’s expected that we will see more cases pick up by attorneys because the treble damages make it worthwhile for their clients as well as themselves, given this recent ruling. Judge's Ruling : The Judge ruled that the six-day deadline applies. The Judge stated that while the complaint didn’t make it clear if plaintiff is hourly or salary, plaintiff only worked five days a week, meaning that the seven-day exception did not apply as the Wage Act was written. Legal Implications Legislative History : The Wage Act provides different deadlines for an employee’s final pay based on the number of days worked in a week. This case also emphasizes that having salaried workers on staff does not fulfill the requirement of having employees work seven days a week. Significance of One Day : The judge emphasized that even a single day's delay in payment can significantly impact employees living paycheck to paycheck. What Employers need to know Make sure you’re aware of your employees’ pay cycle and make compliance a company priority. It’s more cost effective to pay a day or two earlier than it is to head to court over claims of violations. This ruling expands on the Reuter ruling by clarifying the Wage Act rules in relation to hourly employees. If an hourly employee resigns, ensure that automatic payment systems (as well as the employer’s own internal pay systems) are aligned with the requirements of this ruling. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Royal was Proud to Sponsor the 2025 BusinessWest Difference Makers Event!

April 10, 2025
Though the Difference Makers event has come to a close, let's continue to shine a light on the transformative power of giving back to our community! Every year, The Royal Law Firm is humbled to be a part of this incredible event that spotlights the brightest stars in our community. We can't wait to celebrate the 2026 Difference Makers and the boundless impact they'll have!