Marijuana in the Workplace
Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more
Employees in Colorado can still be fired for testing positive for marijuana, an appeals court ruled last week. Medical use of marijuana has been legal in Colorado since 2000, and the state legalized the drug outright...more
MAP-21 has been signed into law. The U.S Congress passed the immense new transportation bill that mandates many new provisions affecting motor carrier safety. One of the most important provisions being that all interstate bus...more
oin Attorney Tracey Diamond as she discusses how legalizing marijuana for medical use for individuals suffering from cancer, acquired immune deficiency syndrome and other debilitating life-threatening illnesses. Ms. Diamond...more
The Supreme Court of Canada (in Irving Pulp & Paper, Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30) and the Alberta Court of Appeal (in Communications, Energy and Paperworkers Union, Local 707 v....more
In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...more
The Chinese State Food and Drug Administration (“SFDA”) announced a plan for regulatory reform (“Reform Plan”) and is soliciting public comments through January 15, 2013. The Reform Plan sets forth the following key strategic...more
Florida courts often give someone convicted of a crime the probation or community control instead of jail time. Probation is granted with the understanding that the convicted person will abide by the terms and requirements of...more
On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more
The Alberta Court of Appeal, in a 2 to 1 decision released December 5, 2012, has kept an injunction in place to prevent Suncor from implementing random drug testing of employees until a union grievance can be heard....more
On December 3, 2012, U.S. Department of Transportation (DOT) Director, Jim Swart, with the Office of Drug and Alcohol Policy and Compliance, issued a letter responding to inquires about the impact to DOT regulations after the...more
Recently we blogged about the tightening of controls around medical exams for commercial vehicle drivers across the country set to being in May 2014. In accordance with this same aim to increase the safety of lives on the...more
As seen in The Goods published by the Kentucky Association of Manufacturers. Based on the recently conducted 2012 Annual Manufacturing Wage and Benefit Survey, 52% of Kentucky manufacturers plan to hire between one and...more
We have been getting a lot of questions from employers about how employees' legal use of marijuana impacts an employer's ability to enforce its drug testing policy. Most of these questions were generated by the recent actions...more
A recent New Jersey case, A.D.P. v. ExxonMobil Research and Engineering, +2012 N.J. Super. LEXIS 171 (App. Div. 2012), makes clear that employers should think twice when implementing drug and alcohol testing policies to...more
Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more
In September of 2012, the Minnesota Court of Appeals held in Sipe v. STS Manufacturing., Inc. et al., No. A11-2082 (Minn. Ct. App. Sept. 25, 2012), that a wrongful termination claim under the Minnesota Drug and Alcohol...more
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