Recapping the day's news and newsmakers through the lens of CNBC.
Here's one for anyone who hires and fires: can you fire a worker for smoking pot if it's legal? It will be in Colorado, starting next month. The short answer is, we don't know. It will probably take a string of court cases to clear things up. For now, employers who want to ban drug use can cite federal law, which still makes marijuana use illegal and may trump state laws that say otherwise.
Of course, pot smoking on the job could be treated like boozing on the job, which employers are free to ban. But pot smoking off the job is a trickier issue. It gets even more complex if the off-job toking is for an approved medical purpose. Two court cases in Colorado have upheld an employer's right to fire workers for smoking medicinal marijuana off the job, but appeals are coming. Though Colorado makes pot legal, it does ban driving under the drug's influence, so employers have reason to believe some level of restriction will be acceptable.
"Employers big and small across the state are really struggling with these questions. They have to come up with testing protocols that don't alienate their own employees but cover themselves from liability, as well."—Danielle Durban, a Denver-based employment attorney at Fisher & Phillips LLP