The FMCSA will exercise "enforcement flexibility."
The Federal Motor Carrier Safety Administration announced last week that it will be flexible when, due to COVID-19, transportation employers are unable to comply with the...more
The increased flexibility will be in effect through September 30.
The U.S. Department of Transportation has extended the period during which Substance Abuse Professionals and Service Agents can conduct remote interviews of...more
The waiver is in effect through September 30.
Here is the announcement from the Federal Motor Carrier Safety Administration. You can download a copy of the Guidance at the link...more
Today the Federal Motor Carrier Safety Administration issued guidance for employers that is designed to assist them in complying with their drug and alcohol testing obligations during the coronavirus pandemic. The guidance...more
The Federal Motor Carrier Safety Administration drug and alcohol Clearinghouse opened for registration on Saturday, and the database will go live on January 6.
According to the FMCSA, “The Clearinghouse is a secure online...more
The court found in favor of the plaintiff, holder of a medical marijuana card.
Last week, a federal judge in Connecticut found in favor of a woman whose job offer was withdrawn after she tested positive for medical...more
There have been many significant regulatory changes at the U.S. Department of Transportation, as well as issues at the state level that affect employers of workers who are subject to DOT requirements.
In 2015, the most...more
The day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of...more
The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new “Reasonable Reporting Procedure” rule as it pertains to post-accident drug testing and safety incentive programs....more
A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality.
That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal...more
The U.S. Federal Motor Carrier Safety Administration of the Department of Transportation announced yesterday that it is reducing by half the minimum percentage of drivers who must be randomly tested for controlled substances....more
Last week Governor Jerry Brown signed into law three pieces of legislation (AB 243, AB 266, and SB 643) aimed at regulating the $1.3 billion medical marijuana industry in the state. The legislation, collectively called the...more
In a closely watched case involving legal protections for medical marijuana users, the Colorado Supreme Court decided yesterday that the state’s “lawful products” statute does not apply to activities that violate federal law....more
On Thursday Georgia became the 36th state, plus Washington, D.C., to legalize marijuana extracts to treat illnesses. Gov. Nathan Deal signed the "Haleigh's Hope Act," which immediately legalized the use of medical marijuana...more
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was...more
The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan,...more
Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an...more
Brandon Coats was partially paralyzed in a car crash as a teenager, using a wheelchair, and has been a medical marijuana patient since 2010 when he discovered that using pot helped calm violent seizures and muscle spasms....more
A recent decision from a federal court in Georgia provides an excellent illustration about how employers can win summary judgment (dismissal before a jury trial) even in cases as sensitive as those alleging discrimination...more
Shawn Olson of Minnesota was offered a job in West Virginia by Push, Inc., a company based in Wisconsin. Mr. Olson was asked to complete a pre-hire drug test, which was originally going to be performed in Push’s state of...more
The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share...more
Karen Voss was offered a newly created position of Solid Waste Coordinator with the City of Key West. The job entailed marketing and planning related to the city’s recycling programs, and “overseeing other tasks within the...more
Even an air-tight case of sexual harassment can be sabotaged if (1) the employer has a policy banning it and an effective mechanism for handling complaints, and (2) the victim refuses to cooperate in the investigation....more
The U.S. Department of Transportation’s Office of Drug and Alcohol Policy and Compliance, with the Office of General Counsel, has recently issued new guidance governing the collection process for substance abuse testing....more
In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor...more