Handbook updates Arkansas employers should consider

Arkansas’s unemployment rates are at the lowest we’ve seen in decades, which means employers across the state are onboarding new employees at an exciting pace. As businesses review their new-hire paperwork, many have had questions about updating their employee handbooks. From adding pandemic-preparedness provisions to updating existing policies to reflect changes in the law, we encourage all Arkansas employers to revisit their handbooks. Continue reading to learn about some common handbook updates you might need.

Medical marijuana

We encourage you to include a drug-free workplace policy in your handbooks. Such policies typically:

• Identify prohibited conduct;
• Enumerate your drug testing policy, if any; and
• Explain the penalties for violating it.

As part of any such policy, you should be aware of the Arkansas Medical Marijuana Amendment of 2016 and how it should inform your drug-free workplace policies.

The Medical Marijuana Amendment applies to employers with nine or more employees and affords certain protections to Arkansas employees who lawfully use medical marijuana. Under the Amendment, you may not discriminate against applicants or employees in hiring, terminating, or any condition of employment, or otherwise penalize an applicant or employee based on their current or present status as a “qualifying patient.” Under the law, a qualifying patient is an individual who has been diagnosed by a physician as having a qualified medical condition and who has registered with the Arkansas Department of Health.