Numerous states prohibit employers from disciplining or discharging employees for off-duty conduct. A growing number of states have legalized the use of medical marijuana and/or recreational marijuana. An even larger number of states have limited an employer’s ability to use social media, criminal background checks and credit reports when making employment decisions. These ongoing changes to the law, combined with the National Labor Relations Board’s increased oversight, make it increasingly difficult for employers to take adverse employment action against an applicant or employee for conduct that does not occur in the workplace. This session will provide attendees with an update on the law in this evolving area, guidelines for compliance, tips on avoiding litigation and optimal positioning for a positive outcome if litigation is commenced.