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Employer poised to challenge state laws protecting workers who use cannabis off the job

MINNEAPOLIS (October 10, 2025) — Halunen Law, a nationally recognized law firm representing plaintiffs in employee rights cases, has filed suit against a Texas-based home builder on behalf of a Minnesota realtor who was denied a job because of his medical cannabis use during non-work hours.

The realtor, who was enrolled in Minnesota’s medical cannabis registry, applied for a sales position at a new-construction housing development in the Twin Cities. The builder offered him the job after a lengthy application and interview process but rescinded the offer when a pre-employment drug test revealed the presence of THC metabolites.

“Minnesota authorizes the use of cannabis for both medical and recreational purposes,” said Halunen Law attorney Joshua Newville. “State law generally prohibits discrimination against employees for such off-duty usage. Most employers are thus barred from even testing for cannabis.”

Responding to the lawsuit, the builder argues that Minnesota’s laws are preempted by federal law. “It appears this employer is poised to mount a direct challenge both to States’ rights and cannabis-related worker protections,” explained Newville.

This case raises important questions not only for Minnesotans but also for workers nationwide as more states adopt similar protections. Lawmakers, state attorneys general, and civil rights advocates throughout the country may be closely watching as this matter unfolds.

The case is Bradley Sand v. Weekley Homes, LLC, Hennepin County District Court (Case: 27-CV-25-18190).


About Halunen Law: With offices in Minneapolis and Chicago, Halunen Law offers experienced legal representation for employees and whistleblowers who courageously challenge illegal actions in their workplace. Founded in 1998, Halunen Law has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm, with a laser focus on achieving justice and meaningful results for its clients. For more information, visit halunenlaw.com.

As a guest on AXIOM’s podcast, “Elevating Experience: Women and Age in the Workplace,” Halunen Law employment attorney, Pamela Johnson, offered valuable insights from her 30-year career as an insurance professional and accomplished litigator. Johnson was joined by Laurie Johnson, a senior-level learning consultant with the Boulder Crest Foundation, and podcast host Scott Rutherford as they discussed the dynamics of gender, age, and experience in the workplace. The episode examines the prevalence of ageism and explores how organizations can and should prioritize the skills and perspectives of older women in the workforce. It includes [pragmatic][useful][realistic] advice for driving cultural change and breaking down workplace barriers, while reminding listeners of opportunities that organizations may miss if they fail to address these issues.

Listen to the full podcast on AXIOM Learning Solutions

9B5DCAAC-96B8-47B5-879C-48B3EF12E72CAs an of counsel member of Halunen Law’s Employment Litigation Group, Pamela Johnson brings an impressive reputation for advocacy, achievement, and a depth of legal knowledge on behalf of all those she represents. In addition to practicing employment law, Pamela has guided complex cases involving intellectual property, copyrights, patents, trademarks, and insurance, and has protected the privacy rights of high-profile clients, and overseen defamation claims on behalf of corporate conglomerates, celebrities, private individuals, and more.

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Halunen Law is pleased to announce that Employment Litigation Group Leader, Josh Newville, and venerated attorney Pamela Johnson were selected to the Minnesota Lawyer Power List for Employment Law 2025.

According to the publication, The Employment Law Power List, “highlights those whose mere presence on a case signifies the stakes, who have influenced the direction of the law, whose leadership in the community is pervasive, and whose respect within the bar is undeniable.” 

Halunen Law is extremely proud to have two attorneys from the Firm receive this notable recognition. Both Josh Newville and Pamela Johnson exemplify the highest standard in professionalism, expertise, and a results-driven legal practice. Their contributions and leadership are central to the firm’s success, and the employment litigation group’s steadfast commitment to ensuring employees who have experienced illegal actions receive justice. To learn more about attorneys Josh Newville, Pamela Johnson, and our entire team of dedicated attorneys, visit the Our Team page on the Halunen Law website

 

MINNEAPOLIS, MN:  Halunen Law is pleased to announce attorney Christopher Empson has joined its Employment Litigation Group. As a member of this team, Empson isChris-2024-web committed to fighting for employee rights and gaining justice for individuals who experience illegal workplace actions. He brings to the group a keen interest and undergraduate studies in psychology, business law, and economics—areas that provide useful perspectives when working to resolve the employment law matters that bring clients to the Firm. Empson is dedicated to providing exceptional client representation consistent with Halunen Law’s goal of achieving transformational outcomes for its clients.

“While serving as a law clerk, Chris became an invaluable member of the firm,” said Employment Litigation Group lead Josh Newville. “He’s an important part of the group, and we are thrilled to have him join our team of talented attorneys. We look forward to his continued contributions in the years ahead.”

After graduating from the University of Minnesota, Empson received his law degree from the Mitchell Hamline School of Law. A native of Illinois, Empson has adopted the Twin Cities as his new home. He enjoys the seasonal changes, outdoor activities, and spending time with friends exploring the Twin Cities. 

About Halunen Law: With offices in Minneapolis and Chicago, Halunen Law offers experienced legal representation for employees, whistleblowers, and those who have experienced illegal workplace actions. The Firm has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm focused squarely on achieving justice for its clients and creating workplace and societal change. For more information, visit halunenlaw.com.

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MSBA’s Commitment to Inclusivity and Equal Justice
— A Statement from the MSBA President —

February 12, 2025 — Despite recent national events, the Minnesota State Bar Association remains steadfast in its commitment to an inclusive and welcoming environment for all members of the legal community. We believe that the diversity of our membership strengthens us, and we will continue to welcome and support every member of our community, regardless of gender, race, sex, religion, sexual orientation, gender identity, or immigration status.

All Diversity, Equity, and Inclusion (DEI) programs offered by the MSBA are fully compliant with the law. None of our DEI initiatives have ever involved illegal discrimination. Supporting every member of the legal community is central to our mission.

As the association representing the legal community in Minnesota, we are called to defend equal justice under the law for everyone, including the fundamental freedoms of speech and association. Lawyers are the guardians of the Constitution, and we take that responsibility seriously. We will not stay silent while the rights of individuals or groups are threatened. We will continue to be a voice for inclusivity, equity, and justice in the legal community.

Samuel Edmunds
2024-2025 President
Minnesota State Bar Association

For more than 25 years, Halunen Law has been committed to protecting employee rights. Regardless of social or political headwinds, our dedication to equity and justice has never wavered. Our firm and its attorneys stand in solidarity with the MSBA’s recently affirmed commitment to diversity and inclusivity and the fundamental rights of freedom of speech and association. We commend the MSBA’s ongoing leadership on behalf of Minnesota’s legal community and join them in the continued fight for justice for all people.

Minnesota Lawyer recently spoke with Halunen Law’’s employment litigation group leader, Josh Newville, along with Matthew Bodie, Robins Kaplan professor at the University of Minnesota Law School, to get their impressions on what may be in store. In “What’s ahead in employment law?” reporter Laura Brown explores the changes Labor and Employment Law may undergo under Trump’s second presidential administration. Bodie and Newville see the potential for even greater changes than the usual back and forth between political parties. In the article, Newville, who has championed LGBTQ rights throughout his career, speculates on the new administration’s impact on anti-discrimination policies, the role of the EEOC, state protections, and more. 


“Trump 2.0 might be even more aggressive. At this point, we are going to see an effort to target diversity, equity, and inclusion initiatives at various companies. It is almost that he signaled the EEOC will now, which I think is probable a first in history, be treating DEI initiatives as if they are discriminatory, which, I’m curious to see how that plays out.”

Read the full article (PDF) 

NewvilleEmployment litigation group leader Josh Newville is a tenacious litigator who frequently obtains favorable outcomes for those he represents. In more than a decade of practicing law, Josh has handled high-profile cases, secured millions of dollars for his clients, and won victories at the Minnesota Supreme Court and the U.S. Court of Appeals.

 

HR Daily Advisor, a widely-recognized website offering resources for HR professionals, recently published attorney Pamela Johnson’s article, “Workplace Harassment and Discrimination: What’s the Difference?” The article provides a thorough, thoughtful examination of the complexities of workplace harassment and discrimination, why understanding the difference is important, and steps employees can take to address these illegal actions.

“Unfortunately, regardless of company size or job title, any employee can be subject to both harassment and discrimination. Yet there is a common misunderstanding of what exactly constitutes workplace harassment and discrimination. By having a clear understanding of what they are and how they can be connected, employees will gain a deeper understanding of how to protect themselves. Ultimately, everyone deserves to know their rights and their legal options.”

Read the full article (PDF) 9B5DCAAC-96B8-47B5-879C-48B3EF12E72C

Committed to clients’ rights, Halunen Law attorney Pamela Johnson is particularly passionate about representing employees and believes strongly that everyone should be treated fairly, especially in the workplace. She brings the power of persuasion, an impressive reputation for advocacy and achievement, and a depth of legal knowledge to bear for all those she represents.

In the October 4, 2024 article. “EEOC Suits Warn Employers To Take Harassment Seriously,” Law360 reporter Vin Gurrieri examines the U.S. Equal Employment Opportunity Commission’s (EEOC) filing of approximately 110 merit lawsuits in fiscal year 2024, ending September 30.  Many of the cases accused employers of fostering environments in which workers were consistently harassed based on sex or race.

Halunen Law’s Employment Litigation Group Leader, Josh Newville, weighs in on the EEOC’s filings, sharing that the commission is “sending a very clear and very strong message” with its enforcement approach, a message that is difficult for individual employees to send on their own.

Read the full article, which includes additional commentary by Newville and further discussion of the EEOC’s latest anti-harassment enforcement push.

NewvilleHalunen Law Employment Litigation Group Leader Josh Newville brings a commitment to excellence and more than a decade of experience to the firm’s Employment Law team. He has handled high-profile cases, secured millions of dollars for his clients, and won victories at the Minnesota Supreme Court and the U.S. Court of Appeals.

 

MINNEAPOLIS, MN: Halunen Law is pleased to announce that attorney JoshuaNewville (Josh) Newville has joined the Firm to Lead its Employment Litigation Group. A tenacious litigator with more than a decade of experience, he frequently obtains favorable outcomes for those he represents. He is a skilled, thoughtful, and determined professional whose legal acumen and deep dedication to civil rights are a formidable force and an ideal fit to guide Halunen’s team of talented employment law attorneys.

Josh has handled high-profile cases, secured millions of dollars for his clients, and won victories at the Minnesota Supreme Court and the U.S. Court of Appeals. Early in his career, Josh led the successful fight for marriage equality in two U.S. States and won precedent-setting legal protections for vulnerable Minnesotans.

Active in the community, Josh is an adjunct law professor at the University of Minnesota, an ethics investigator, and a mediator for employment disputes. He received the Equality & Justice Award from the Minnesota Lavender Bar Association and has been recognized by Super Lawyers and the National Trial Lawyers Top 40 Under 40. In addition to his legal work, Josh is also known for producing a top-rated investigative podcast about missing persons.

Born and raised in rural Wisconsin, Josh earned his undergraduate and law degrees at the University of Minnesota. He is licensed in Minnesota and Wisconsin (state and federal courts), Colorado and North Dakota (federal courts), and the U.S. Court of Appeals – 8th and 9th Circuits.

About Halunen Law: With offices in Minneapolis and Chicago, Halunen Law offers experienced legal representation for employees, whistleblowers, and those who have experienced illegal actions in their workplace. Halunen Law has achieved a reputation as a fearless, tenacious, and successful plaintiffs’ law firm, focused squarely on achieving justice for its clients and creating workplace and societal change. For more information, visit halunenlaw.com.

Although there is increased awareness and effort by many employers to improve inclusivity in the workplace, it remains the case that many individuals with disabilities are forced to leave their jobs or are terminated because their employers are unwilling to address reasonable accommodation requests.

Visually impaired businesswoman doing a presentation in a business meeting with guide dog

The article “7 Key Accommodations Disabled Workers are Due,” offers important insight into steps employees and employers must take to ensure workplace equity and compliance. 

Read the full article.

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