In This Issue How Do The New Marijuana Laws Affect the Work- place? What’s Happening at T&E Welcome Billie Saunders Congressman Shim- kus visits T & E Illinois’s cannabis laws are set to change with the new year; right now is the time to make sure your compa- ny’s policies and practices are up to date and in line with new laws. Beginning January 1, 2020, possession and use of recreational cannabis will be legal for adults over the age of 21 in Illinois. As an employer, you may find yourself trying to balance safety concerns with changes to the law and wondering what you can and cannot do. Illinois’s new cannabis laws interact with existing labor and employment laws in a way that you, as an em- ployer, need to understand. For federally-regulated, safety-sensitive positions, such as commercial drivers, avia- tors, federal contractors, and school bus drivers, cannabis use remains barred and a positive drug test by such an employee is grounds for termination. For non-federally regulated employees, Illinois’s Right to Privacy in the Workplace Act bars an employ- er from taking adverse employment actions for “use of a lawful product.” As of January 1, 2020, that will mean a person cannot be terminated from employment for using cannabis off-duty or for testing positive for cannabis. Pre-employment drug screens may check for cannabis use, but a positive result for cannabis cannot be the basis for an adverse employment decision. Ultimately, this may mean you should forego screening for cannabis as part of your hiring process. Employers are still permitted to adopt and enforce a zero tolerance, drug free workplace policy that bans cannabis from the workplace and prohibits the use of it while an employee is at the workplace, Fall 2019 How Do The New Marijuana Laws Affect the Workplace? By: Attorney Sarah Ruholl Sehy Cont. on page 3
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Transcript
In This Issue
How Do The New
Marijuana Laws
Affect the Work-
place?
What’s Happening
at T&E
Welcome Billie
Saunders
Congressman Shim-
kus visits T & E
Illinois’s cannabis laws are set to change with the new year; right now is the time to make sure your compa-
ny’s policies and practices are up to date and in line with new laws.
Beginning January 1, 2020, possession and use of recreational cannabis will be legal for adults over the age
of 21 in Illinois. As an employer, you may find yourself trying to balance safety concerns with changes to the
law and wondering what you can and cannot do.
Illinois’s new cannabis laws interact with existing labor and employment laws in a way that you, as an em-
ployer, need to understand. For federally-regulated, safety-sensitive positions, such as commercial drivers, avia-
tors, federal contractors, and school bus drivers, cannabis use remains barred and a positive drug test by such an
employee is grounds for termination.
For non-federally regulated employees, Illinois’s Right to Privacy in the Workplace Act bars an employ-
er from taking adverse employment actions for “use of a lawful product.” As of January 1, 2020, that will mean
a person cannot be terminated from employment for using cannabis off-duty or for testing positive for cannabis.
Pre-employment drug screens may check for cannabis use, but a positive result for cannabis cannot be the basis
for an adverse employment decision. Ultimately, this may mean you should forego screening for cannabis as
part of your hiring process.
Employers are still permitted to adopt and enforce a zero tolerance, drug free workplace policy that bans
cannabis from the workplace and prohibits the use of it while an employee is at the workplace,
Fall 2019
How Do The New Marijuana
Laws Affect the Workplace? By: Attorney Sarah Ruholl Sehy
Cont. on page 3
What’s Happening At
Tapella & Eberspacher?
As always, our first priority is to our clients and taking care of their legal needs. But we have many other projects in the works. Take a
look at some of our extracurricular activities.
Congressman Shimkus makes appearance at
Tapella & Eberspacher for Congressional Start-Up day
On August 19, Tapella & Eberspacher LLC, hosted Congressman Shimkus for a forum with representatives of local small business interests. Discussions included business incubators, community support/charitable donations and environmental concerns like electric vehicles, solar energy and CO2 emissions from farms. A big thank you to Congressman Shimkus for making time to hear and discuss the concerns of our cli-ents.
T&E’s Fall Favorites
Fall is here, Which means the days are shorter and deer are everywhere. If
you’re in a crash, you need to know what to do and what NOT to do. Be prepared!
Call our office to request your free copy of the 2nd edition of Bill’s book, “When the
Rules of the Road Get Broken”
Upcoming Events
October 25, 2019 Join us in celebrating Dow ntow n Mattoon, Trunk-or-Treat 5:00—8:00 PM
November 21, 2019 Angel W aw rzynek w ill be speaking at a Seminar in Springfield, Illinois “The Probate Process from Start to Fin-
ish” Hosted by the National Business Institute November 21-23 Kelli Jo Kesler—Holiday Festival @ SBLHC
December 3, 2019 Sarah Ruholl Sehy –Effingham Library Rise after school program
Pictured L to R back row: David Giffin, Jeff Zimmerman, Rick Hall,
Bruce Karmazin, Amy Borntrager and Dan Jones, Front row: Greg
Robinson, Sarah Ruholl Sehy, John Shimkus, and Angel Wawrzynek
Legal Lingo
Bloopers Guess the right phrase!
Quit Claim Deed or Quick Claim Deed?
Free confrontation or consultation?
Quash a warrant or squash a warrant?
Notary public or notary republic?
Statue of limita-tions or statute limitations?
Have you signed your ________ authorization?
A. HIPPA
B. HIPAA
C. HIPPO
Bonus Round: Tapella or Patella?
performing a job duty, or on call. You may terminate or otherwise discipline an
employee for being under the influence of cannabis while at work. However,
because of the way cannabis is metabolized, a person can test positive days after
use and long after any actual impairment, and so, the basis for an adverse em-
ployment action cannot solely be a failed drug test. Instead, the employee must
demonstrate observable signs of impairment, such as impacts to their speech,
dexterity, coordination, or other unusual behavior.
If you suspect an employee is under the influence of cannabis, you should contemporaneously document the be-haviors that formed your belief. Employees have the right to challenge the basis of a termination if they feel their employer did not have evidence that they were impaired, although no formal hearing process is required. The new cannabis laws provide a safe harbor for employers who possessed a good faith belief an employee was impaired, and you should take steps to memorialize your good faith belief in the same manner you would docu-ment any other bad behavior by an employee. We recommend a contemporane-ous writing, such as an email or memorandum which outlines the observed be-haviors, having two managers or supervisors sign off on these observations, col-lecting witness statements, and preserving surveillance footage.
Cont. from page 1
T&E Welcomes Billie Saunders to Team
T & E’s newest employee is not so new to T & E. Billie
Saunders originally started work-
ing at Tapella & Eberspacher as a
Legal Assistant in 2004. Billie left
the firm in 2011 to move to Ohio
with family and she continued her
education, receiving her bachelors
degree at Bowling Green State
University in Liberal Studies. Billie then returned
to the Mattoon/Charleston area briefly before she
decided she wanted to continue her education even further. Billie began
SIU Carbondale Law School in August 2016. While at SIU Carbondale,
Billie served on many committees. She was nominated as class speaker
and was a Women's Bar Foundation Scholar. Today, she sits on the Illi-
nois State Bar Association Law Relat-
ed Education
Committee,
and she is also
a part of the
Illinois State
Bar Associa-
tion High
School Mock Trial Committee, just to name a few.
Billie is currently waiting anxiously on her bar ex-
am results. Billie enjoys helping people, choco-
late, and anything purple.
1. Quit claim deed
2. Consultation
3. Quash a warrant
4. Notary public
5. Statute of limitations
6. B. HIPAA
7. It’s not the kneecap
The Tapella &
Eberspacher
Law Firm
Charleston Office
6009 Park Drive
Charleston, IL 61920
855-522-5291
(217) 639-7800
St. Louis Office
7800 Forsyth Blvd.
Suite 610
St. Louis, MO 63105
(314) 588-8500
855-522-5291
Visit us on the web
and chat live 24/7 at www.TapellaLaw.com
Bo’s Tortellini Soup
Ingredients 2 Tablespoons butter 1 Small onion, chopped 3 Cloves garlic—fresh or squeeze type in tube 1 Jar marinara sauce 48 oz. Chicken broth 1 Can chopped tomatoes 3/4 Cup Basil fresh or dried spice 16 oz. Tortellini of your Choice 2 Cup Spinach fresh or small frozen package (optional) 1 Cup Heavy Whipping Cream (optional) Topping Croutons Shredded parmesan cheese
In a large stock pot, sauté chopped onion and garlic cloves in melted butter approximately 2-3 minutes. Add marinara sauce, chicken broth, basil, tomatoes and spinach (optional). Bring to a boil then reduce heat. Carefully add tortellini; cover and simmer long enough for tortellini to cook according to package. Remove from heat and add 1 cup heavy whipping cream (optional), stir and let stand until cool enough to eat. Top with croutons, shredded parmesan cheese and serve with your choice of bread. NOTE: If you prefer a creamy version, use the whipping cream, my preferred method. * These ingredients can be fresh; my preferred method.