Brown & Brown, Inc. · NYSE:BRO
Brown & Brown — Reg A Offering (August 2023)
22 slides from Brown & Brown's offering presentation, Aug 17, 2023
Slide 1: Marijuana and the Workplace: How the New Minnesota Laws Impact Employers and Employees
Marijuana and the Workplace: How the New Minnesota Laws Regarding Marijuana Impact Employers and Employees Presented By: Hays Companies, Inc., an owned Brown & Brown Executive Risk and Casualty Teams subsidiary of Brown & Brown, Inc.
Slide 2: Presentation Agenda
Presentation 1 Overview of New Laws Agenda 2 Impact on the Employment Relationship 3 Workers’ Compensation Issues 4 Q&A BROWN & BROWN | 2
Slide 3: Panelists
Aaron Stone Panelists Brown & Brown, Moderator Kelly Lambert Aafedt Forde Gray Monson & Hager, Panelist Tracey Holmes Donesky Stinson, LLP, Panelist BROWN & BROWN | 3
Slide 4: Overview of New Laws
01 Overview of New Laws
Slide 5: MN – State of the Law
MN – STATE OF THE LAW • Medical Marijuana use became legal in 2014 » Purchase up to two ounces of cannabis • July 2022: MN legalized some forms of » Cultivate up to 8 plants (up to four of recreational use of Hemp-derived THC which can be mature) products » Possess up to 2 ounces in public places »
Slide 6: Impact on the Employment Relationship
02 Impact on the Employment Relationship
Slide 7: Restrictions: What Hasn't Changed?
Restrictions W H AT H A S N ’ T C H A N G E D ? • Employers can still enforce policies prohibiting employees from possessing, using and being under the influence of THC and cannabis during work hours and on work property • Again, similar to prohibitions for alcohol • With compliant policies, Random
Slide 8: Restrictions: What Hasn't Changed?
Restrictions W H AT H A S N ’ T C H A N G E D ? • Also requires consideration of Minnesota’s Contains Exceptions: Lawful Consumable Products Law • Can restrict use on non-working hours if relates to a Bona Fide Occupational • Protects employees who partake in Requirement that reasonably relates to c
Slide 9: To Test or Not to Test?
To Test or Not to Test? • Drug Testing – Not a Duty or Requirement • When to Test/ Pre-Employment (Applicants?); Employee Testing • But for employers who do test, more employers electing not to test for THC/cannabis » Risks Learning of Medical Conditions » But then, consider Negligent Hiring/Neglige
Slide 10: MN DATWA
MN DATWA • ONLY certain categories of testing allowed: » Job Applicant Testing (only after conditional offer); BUT not available for cannabis testing » Routine Physical Exam testing (but see restrictions) » Random Testing » Reasonable Suspicion Testing » Treatment Program Testing » No Arbitrary and
Slide 11: MN DATWA
MN DATWA • Strict Notification requirements for both Restrictions on Disciplinary Actions – two of Negative Test Results and Positive Test note: Results (3 working days) • “Don’t Jump The Gun”: Can’t discipline or otherwise take adverse action based on the • Employee Rights to Challenge Positive Tes
Slide 12: MN DATWA
MN DATWA • Key change in new amendments to DATWA statute (also became effective 8.1.2023) » “An employer must not request or require a job applicant to undergo cannabis testing solely for the purpose of determining the presence or absence of cannabis as a condition of employment unless otherwise req
Slide 13: Best Practices and Considerations
Best Practices and Considerations • Stay abreast of ever-changing laws • Manager training on signs and symptoms if actual impairment becomes greater focus • Consider audit of existing policies to review/ possibly modify scope and parameters of • Be mindful of interplay/potential application of testi
Slide 14: Workers' Compensation Issues
03 Workers’ Compensation Issues
Slide 15: Intoxication and Workers' Compensation Claims
Intoxication and Workers’ Compensation Claims • If an individual is believed to be intoxicated at the time of a work-related injury, there may be available defenses to pursue in denying the claim. Under Minn. Stat. §176.021, Subd. 1, an employer may raise the intoxication defense as a bar to a claim
Slide 16: Determining Marijuana Intoxication Levels
Determining Marijuana Intoxication Levels • The difference between other intoxicating substances and marijuana is that it is difficult to measure intoxication and/or impairment with marijuana compared to other substances. • Potentially, an individual may continue to test positive for THC in their sy
Slide 17: Background on Medical Cannabis and Workers' Compensation Claims
Background on Medical Cannabis and Workers’ Compensation Claims • As of May 2014, use of medical cannabis was restricted to those with “qualifying conditions” which did not typically involve workers’ compensation injuries. • In 2016, “intractable pain” became a qualifying diagnosis for an individual
Slide 18: Background on Medical Cannabis and Workers' Compensation Claims Cont.
Background on Medical Cannabis and Workers’ Compensation Claims Cont. • The courts determined whether use of medical cannabis was reasonable and necessary with early medical cannabis claims. The employee had the burden of proof to establish medical cannabis was reasonable and necessary to relieve th
Slide 19: Current MN Case Law
Current MN Case Law • The Minnesota Supreme Court issued two companion decisions in 2021 – Musta v. Mendota Heights Dental Center, and Bierbach v. Digger’s Polaris –holding that due to issues of federal preemption, Minnesota employers and workers' compensation insurers cannot be compelled to violate
Slide 20: Additional Consideration
Additional Consideration • The WCRA currently takes the position that they are not reimbursing for medical cannabis, even with long-term opioid use. • Consider a closeout of marijuana in workers’ compensation settlements in the event that the law changes in the future. • Even in long-term chronic pa
Slide 21: Questions and Answers
Questions and O Answers (1)
Slide 22: Find your solution at BBrown.com
Find your solution at BBrown.com Any solicitation or invitation to discuss insurance sales or servicing is being provided at the request of Hays Companies, Inc, an owned subsidiary of Brown & Brown, Inc. Hays Companies, Inc. only provides insurance related solicitations or services to insureds or in