Drug Testing

News & Analysis as of

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

What Marijuana Legalization Means for Your Drug-Free Workplace Policies

Drug-free workplace policies are in place to help ensure that employees come to work ready and able to work, and that they don’t endanger others while they are working. But beyond that, the issues become more complex, and...more

What Employers Need to Know About Marijuana Legalization in Colorado and Washington

Employers should brace for a number of lawsuits trying to expand these laws into something the courts have already said they're not: a right to have marijuana in one's system at work....more

Are You Prepared To Comply With New Employment Laws And Requirements In 2014?

The New Year brings new employment laws and requirements for businesses. For example, as reported in the most recent edition of The Fast Laner, Illinois became the last state to allow people to carry concealed firearms....more

Drug Testing Index Shows Sharp Decline in Employee Drug Use

Illegal drug use among American workers has declined 74% in the 26 years since enactment of the Drug-Free Workplace Act of 1988, according to Quest Diagnostics’ Drug Testing Index (DTI). The national laboratory network bases...more

Employment Newsletter - January 2014: Employers Prevail Among the Haze of Growing Medical Marijuana Laws

On January 1, 2014, Illinois became the 21st jurisdiction since 1996 to enact legislation to decriminalize the use of marijuana for medical purposes. The other jurisdictions are Alaska, Arizona, California, Colorado,...more

Is Chi-Town About to Become High-Town?

Medical marijuana legally blows into the Windy City and the rest of Illinois in 2014, are employers ready? The Compassionate Use of Medical Cannabis Pilot Program Act (the “Act”) takes effect on January 1, 2014, carrying with...more

Connecticut Automotive Retailers Association Seminar Summary

On October 29 and November 12, members of Pullman & Comley, LLC’s Labor, Employment Law and Employee Benefits Department presented an intensive seminar to the Connecticut Automotive Retailers Association. Significant...more

Infrastructure Alert - November 6, 2013

On October 23, the House passed H.R. 3080, the Water Resources Reform and Development Act of 2013 by a vote of 417-3. The near-unanimous vote on a bill with significant authorizations is notable considering the recent...more

New York Court Of Appeals Creates Negligent Drug Testing Claim

Landon v. Kroll Laboratory Specialists, No. 2013-142 (N.Y. Ct. of Appeals Oct. 10, 2013) (Lippman, C.J.): A recent decision by the New York Court of Appeals has far-ranging implications in the area of employee drug testing....more

Education Law Report Vol. XXIV No. 3, 2013

IN THIS ISSUE: - Kindergarten Students Subject to Compulsory Attendance Requirements Upon Enrollment: After obtaining custody of her twin daughters, Jennifer Ann Kerstetter enrolled them in the kindergarten...more

What Employers Need to Know About Illinois' New Medical Marijuana Law

On August 2, 2013, Illinois Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act, P.A., 98-0122. As of January 1, 2014, the Act will establish a four-year pilot program in Illinois that...more

New York Court Of Appeal Rules: Laboratory Suable For False Positive Test Results

Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric...more

Five New Texas State Laws From The 83rd Legislature Affecting Every Business

Jeff Leach (LRM associate and Texas House Representative), helped us recap 5 bills of critical interest to you and your business passed in the last Session. DRUG TESTING FOR UNEMPLOYMENT BENEFITS (SB 21) - Drug...more

New Jersey DUI Blood Sampling Law In Flux

The common police tactic of getting blood or urine samples from individuals suspected of driving under the influence (DUI) is currently in flux....more

Minnesota Supreme Court Says Six-year Statute of Limitations Applies to Drug Testing Statute Claims

On July 31, 2013, in a case that possibly opens the door to enlarging the limitations period for other statutory claims, the Minnesota Supreme Court ruled that a longer statute of limitations applies to a wrongful discharge...more

How to Protect Yourself Against a Wrongful Termination Lawsuit

The salesman you hired about six months ago just doesn’t seem to be working out. He’s not meeting his numbers and he hasn’t picked up on your concern regarding his performance. Moreover, some of the female employees in the...more

Irving Pulp & Paper Ltd.: The Supreme Court rules on workplace drug and alcohol testing

In its decision in C.E.P., Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, a divided Supreme Court has ruled for the first time on the issue of drug and alcohol testing in unionized workplaces....more

Mere Smell Of Marijuana Was Not Enough: Employee Was Entitled To Refuse Drug Test, Says Court

An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the employee’s truck but had no other evidence of drug use or impairment, a Nova Scotia judge has held....more

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