Drug Testing

News & Analysis as of

Colorado Supreme Court Set To Decide Seminal Drug Testing Case

As reported by Joe Palazzolo of the Wall Street Journal (subscription required), Colorado’s Supreme Court recently heard arguments on whether an employer can lawfully terminate an employee for off-the-job use of medical...more

Doctors, Lawyers and the Controversial Prop 46

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

Colorado Supreme Court Hears Arguments In Medical Marijuana/Discharge Case

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

Is THC “Lawful” in Colorado?

The Colorado Supreme Court heard oral argument this morning in Coats v. Dish Network, LLC, 13SC394. The central issue in the case is whether the Colorado Lawful Activities Statute includes federal law. The Lawful Activities...more

U.S. Steel Subsidiary Sued By EEOC for Religious Discrimination and Retaliation

Manufacturing Company Revoked Job Offer and Refused to Accommodate Applicant Whose Religious Beliefs Prohibited Hair from Being Cut From His Scalp, Agency Says - HOUSTON -- U.S. Steel Tubular Products, Inc., a...more

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

Which Drug-Testing Law Applies? Who Knows?

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

Right to Union Representation Applies to Employer Referrals for Drug and Alcohol Tests, NLRB Rules

The National Labor Relations Board ("Board"), in its July 31, 2014 decision in Ralph's Grocery Co., 361 NLRB No. 9 (2014), ruled that so-called "Weingarten rights" – the general right of a unionized employee to request union...more

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

Bordering the Obvious

Last week we learned in Olson v. Push, Inc. that Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) does not apply to a West Virginia employee working for a Wisconsin company. While at first blush this may seem...more

Federal Court Rules that Minnesota Drug Testing Law Does Not Apply to Employment Outside of Minnesota

Employers with operations in multiple states have long known that Minnesota has the most restrictive drug and alcohol testing law in the country. To make matters more difficult for employers, the Minnesota law, by its terms,...more

NLRA Violation for Refusal to Allow Union Representation Prior to Drug Test

The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with...more

Public employers, you can’t drug test as if you were in the private sector

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

Doping Tests and Privacy Rights in Spain: a Key Court Decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

DOT Updates Guidance On Substance Abuse Test Collections

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

Gotta Pass the Smell Test, Too

A Florida court recently let a claim proceed under the Americans with Disabilities Act (“ADA”), even though the employee had been terminated for a positive drug test and the ADA has a specific exclusion for current drug...more

Recall of Blood Thinner Product

Alere Defective Medical Testing Strips Recalled - Are you currently taking a blood thinner to prevent the risk of a stroke, blood clot, or other medical condition? A recent article in Forbes alerted patients that...more

Top Three Tips for Hiring Employees

Hiring employees is almost certainly one of the most imperative decisions a business will ever make. The recipe to a successful hire is often in finding workers that will enhance your business with a positive value alignment...more

Alberta Arbitration Board Rules Random Drug and Alcohol Testing Unreasonable

In the ongoing debate on random drug and alcohol testing of employees, an Alberta Arbitration Board (the “Board”) has found that an employer’s random drug and alcohol testing policy is unreasonable. The Board’s...more

Bringing Your Employees Down From Their High: Drug Testing and Legalized Marijuana

Over the last few years, several states have legalized the use of marijuana under certain situations. In some states, the use of marijuana for medicinal purposes has been legal for some time. In others, and particularly more...more

Cross-Border Employers Must Take Care Before Implementing Drug-and-Alcohol-Testing Policies at Non-U.S. Operations

Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug...more

Compulsory Drug and Alcohol Testing on Victorian Government Construction Sites

Victorian construction companies will be required to implement comprehensive drug and alcohol testing procedures in order to be eligible to tender for work from the Victorian Government, according to a statement released last...more

Last Call! Third Circuit Court Of Appeals Rules That Employer Can Terminate Employee For Violating Strict No Alcohol Return To...

The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

Maine Legislature to Consider Employer Drug Policies

Over the next few months, the Maine Legislature will be considering substance abuse policy regulation. Senator Andre Cushing has introduced a bill, LD 1669, An Act To Standardize and Simplify the Process for Employers To...more

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