SimplyHR | Employment & Labor Blog 

Missouri

2022 was relatively quiet for Missouri employers, except for the buzz around recreational marijuana (forgive our pun). As explained in more detail below, the law does not limit Missouri employers from continuing to drug test and discipline employees who violate anti-use policies, with certain modifications for medicinal users. 2023 also brings a Missouri minimum wage rate hike, but we expect employees may still grumble, as this increase does not pace with inflation.

In a year dominated by the pandemic, 2021 updates to Missouri and Illinois law are overshadowed by COVID-19’s impact and related federal employment law developments. Illinois’ treatment of July as the new January adds to the relatively quiet start to 2021 while the state adapts to its new employment laws that went into effect July 1, 2020.

While Missouri employers saw few legislative updates that will affect the state of employment law in 2020, the Illinois legislature had a busy year. Below is a look at some of the legislative highlights of 2019 and how they might affect your business in 2020.

Employers in Missouri and Illinois saw the passage of several new employment-related laws in 2018. Below is a look at some legislative highlights of 2018 and how they might affect your business in 2019.

Decision may have relevance for Illinois employers as well

In a recent and somewhat surprising decision, the Colorado Supreme Court concluded that an employer legally fired an employee for violating the company’s zero-tolerance drug policy, even though the employee’s marijuana use was off-duty and legal under Colorado law.

The decision, Coats v. Dish Network, LLC, 2015 CO 44, was surprising in part because Colorado’s “lawful activities statute” makes it unlawful and discriminatory for an employer to discharge an employee for “lawful” activity outside of the workplace.

The use of medical marijuana is currently authorized in 18 states and the District of Columbia. Two of these states—Colorado and Washington—have also legalized the recreational use of marijuana. Despite these recent changes in state law, marijuana remains illegal under federal law, creating confusion as to how the passage of these laws will affect employers’ rights in the workplace.

The simple answer is that state laws legalizing marijuana (whether for medicinal or recreational use), do not change an employer’s rights. Federal law still prohibits the use of marijuana, even for medicinal purposes.