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Can employers test employees for THC when new laws take effect?
Employment lawyers say they are busy answering questions about Minnesota’s new marijuana policy.
MINNEAPOLIS — Employment lawyers say they’re busy answering questions from employers on updating marijuana testing policies for workers.
Those fielding the questions include lawyers like David Waytz, a shareholder with Fredrikson and Byron.
“Companies are thinking whether it’s worth it to worry about cannabis testing,” he said. “You still can’t go to work impaired by cannabis; you can’t possess cannabis or use cannabis while you’re at work and while you’re on your employer’s premises. What’s changed is more protection for off-duty use.”
He said generally, employers can’t test their workers or prospective employees for THC as a condition of employment.
There are exceptions for jobs held to federal rules, as well as folks like firefighters, police officers, health care workers and teachers.
Another exception is for those in positions considered to be “safety sensitive.” That’s defined by law as a job in which “an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person.” Those folks can still be required to test.
Anyone could be held to reasonable suspicion of cannabis testing if, for example, someone appears to be under the influence at work. Experts say they’d like to see more clarification on that rule.
“It’s difficult for employers who want to continue testing for cannabis to be able to distinguish between cannabis usage on the job that may have impaired somebody versus that cannabis usage that might have took place a week earlier or the night before,” said Waytz. “And so what I’m instructing my clients that are employers to do, is think very carefully about how you test for cannabis.”
Waytz said he has counseled his clients for years, even before marijuana was legalized, to focus on performance rather than testing someone for a drug.
“We’re getting a ton of questions,” said Lauryn Schothorst, the director of workplace management and workforce development policy at the Minnesota Chamber of Commerce.
She said employers are scrambling to get clarification to ensure their policies are in compliance with the new law.
“Employers want to make sure they’re clear as to how their industry is classified, or their worksite,” said Schothorst. “You don’t want to inadvertently think you’re protected under a federal law or safety-sensitive position when you’re actually not pursuant to the law.”
Schothorst and the Minnesota Chamber of Commerce have hosted presentations and webinars to answer questions about the issue. She recommends businesses familiarize themselves with the rules and release policy as soon as they can — and definitely before Aug. 1.
“As an employee, you should feel free to ask what will be changing as a result of the new law,” she said.
The problem lawyers and the Chamber say they’re facing is that the Office of Cannabis Management isn’t up and running yet, making it difficult for them to get further clarification.
“We’re sort of in a bit of a gray area right now with portions of the law,” said Schothorst. “It’s a lot of confusion as to what’s happening right now and what the law is for individuals and employers right now.”
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Saint Paul police investigate fatal stabbing
Police said it happened on North Dale Street.
ST PAUL, Minn — Police in Saint Paul are trying to find out what led up to a fatal stabbing in the city.
In a post on social media Sunday night, authorities said it happened on the 300 block of N. Dale Steet. That’s just south of I-94 in the Summit-University neighborhood.
Police have not yet provided any other details about the homicide investigation.
This is a developing story, stick with KARE 11 for updates.
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Minnesota cities extend early voting hours
Over 71,000 people have voted early in Anoka County, Minnesota.
ANOKA COUNTY, Minn. — Minnesota cities extended early voting hours so more people could cast their ballot early.
Anoka County Elections Director Tom Hunt said there’s a lot of excitement around this election.
“In-person absentee voting is just off the charts,” he said. “This year both parties have really been making a push to get people into vote early.”
He said the county’s city and town halls are busier than the county government center.
“We’ve seen lines like crazy at all of our city and town halls,” he said. “We just passed 71,000 absentee voters, so I think for us that’s a little over 30%,” he said.
Trevor and Michala Voss voted at Blaine City Hall.
“We wanted to come out and vote early because we both work and it’s a good day to get it done, get through the line before it gets too crazy on Tuesday and make sure our voices are heard,” Michala said. “Especially, as a pregnant woman with a daughter, it’s important for us to show that we can vote and our voices matter.”
They decided to bring their young daughter to show her how the election process works.
“She loved it. I thought it was really cool that she got to see it in person because she’s seen it in cartoons on her Daniel Tiger episodes and now she got to see what the process looked like in person,” Michala said.
Trevor said the show teaches kids how to vote. For example, in one episode the class had to decide if they wanted a swing or a slide, so they voted.
Now, their daughter wants to cast her own ballot.
“She sat on his lap while he voted and wanted to put her own votes in but she’s a little too young,” Michala said.
“That was a little challenging but not terrible,” Trevor said.
They both said voting early was easy and they didn’t mind the wait. They said it took about 20 minutes for them to vote.
“Nobody wants to wait especially on a weekend, those weekend days our precious but they understand, and they know how important it is and they’re absolutely willing to do it,” said Blaine City Clerk Cathy Sorensen. “It’s about a 30-to-40-minute wait. We’ve calculated yesterday at our peak we were probably processing a voter every three minutes.”
Sorensen said they’ve had over 7,300 early voters come through city hall. She said they’re processing almost 1,000 ballots a day.
“Right now, we’re about 18% of our total registered voters and that’s right now and we haven’t obviously done a tally or our mailed in ballots, we haven’t finished up today and of course tomorrow which is going to be our busiest,” Sorensen said.
She said they have been so busy her election judges barely have time to take a break.
“Last two weeks they really haven’t even taken a lunch,” she said.
She said all of her election judges are committed to helping as many people vote early as they can and choose to eat when they can.
Sorensen has been the city’s clerk for a decade, and she hasn’t seen so many people vote early in an election.
“I think it just means people are taking advantage of all the different ways you can vote whether it’s on Election Day, or early, they have lots of options and that’s great and it’s how it should be,” Sorensen said.
She said she anticipates Monday being their busiest early voting day and plans to have extra staff on hand to help keep the line moving.
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Local volunteers for both campaigns make final push
With the election seemingly razor-thin, volunteers will continue working until the final ballot is cast.
MINNEAPOLIS — With only a few days left until Election Day, volunteers from both campaigns are doing what they can during the final push.
On Saturday, Kamala Harris supporters canvassed in north Minneapolis. They knocked on doors encouraging those who hadn’t voted yet, to do so.
In Lakeville, Trump supporters gathered with Congressional District 2 candidates, as they geared up to reach those final voters.
“Donald Trump lost by a small margin here in Minnesota and we want that to be different this year, this time around,” said Crystal Mcdonnell. Mcdonnell canvases not only to try and sway voters to Trump but also to help them fulfill their civic duty.
“(We) offer assistance in registering to vote, give rides to fellow patriots who may not have the means to get out and vote,” Mcdonnell said.
In north Minneapolis, first-time canvasser Samirya Strong was doing her part to help her candidate win.
“We need to activate everyone who is able to vote, to vote up and down for freedom and justice and equality for all,” Strong said.
With the election seemingly razor thin, this type of leg work from both campaigns will continue until the final ballot is cast Tuesday night.
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