Drug Testing

News & Analysis as of

Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical...more

Workplace Policy Institute Insider Report — May 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?

On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related...more

Ninth Circuit Decision Finds Side-By-Side Medical Results Charts Arguably Non-Functional and Protectable Trade Dress

The Ninth Circuit recently considered whether the layout of a medical report can be protected as trade dress under the Lanham Act, or whether the layout of a report is merely functional. The subject case, Millennium...more

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

Legislative Update on Maine’s Substance Abuse Testing Law

In legislative news, a bill that would have implemented new changes to Maine’s substance abuse testing law has died after the House and Senate failed to agree on amendments to the bill from the Committee on Labor, Commerce,...more

Don’t Get Smoked By Pennsylvania’s New Medical Marijuana Law

Action item: Governor Tom Wolf is expected to sign legislation on Sunday, April 17, that will legalize medical marijuana in Pennsylvania. The new law also prohibits discrimination against certified users of medical marijuana,...more

Employer’s request for post-incident alcohol and drug test was not justified where no sign of impairment: arbitrator

An employee responsible for a minor, although unusual, accident in a company parking lot was justified in refusing to submit to an alcohol and drug test, a labour arbitrator has found. The employee was an electrician....more

The Supreme Court of Canada grants leave to appeal in drug and alcohol policy matter

Once again, the issue of drug and alcohol testing and policies will be subject to appeal; but this time before the Supreme Court of Canada, as it recently granted leave to appeal in Stewart v. Elk Valley Coal Corporation et...more

Recent Enforcement Under Section 5 of the FTC Act: So That's What a Standalone Claim of Unfair Competition Looks Like

Last August, the Federal Trade Commission issued its Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Statement), in an effort to provide clarity with respect to...more

UPDATE: Cannabis, pain reduction, and opioid abstinence

On March 9, 2016, we reported on a new study finding an association between cannabis treatment for chronic pain and reductions in opioid consumption. Since that report, the Centers for Disease Control and Prevention have...more

Illinois Medical Marijuana Law: What Employers Should Know

Currently, 23 states have enacted laws to legalize medical marijuana. Medical marijuana laws are challenging for all employers, but particularly multistate employers, as employers must reconcile federal and varying state...more

Eighth Circuit Rules Minnesota's Drug and Alcohol Testing in the Workplace Act Has Multi-State Reach

The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of...more

New Developments in Medical Marijuana and the Workplace

According to the National Conference of State Legislatures, twenty-three states now have medical marijuana laws on the books. The conventional wisdom is that these laws bring with them greater protections for employees who...more

Randstad Will Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Temporary Agency Refused Job to Laborer Because She Was in a Medically Supervised Drug Rehabilitation Program, Federal Agency Charged - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP, will pay...more

Federal Court Finds Employee’s Explanation for Failed Drug Test Insufficient to Provide Notice of a Disability

Most employers are well aware that, under state and federal disability laws, an employee with a disability is entitled to reasonable accommodations in the workplace. What can sometimes be less clear for employers is...more

Employers Secure Another Win In Medical Marijuana Battle: Three Things You Need To Know

Employers started 2016 by claiming another victory in the ongoing battle against medical marijuana in the workplace. On January 7, 2016, a federal court judge in New Mexico dismissed a lawsuit brought by an employee...more

Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to...more

DOT Lowers Random Drug Testing Rate to 25 percent for 2016

Last month, the Department of Transportation’s Federal Motor Carrier Safety Administration announced that it is reducing the minimum percentage of annual random drug tests for commercial motor vehicle drivers from 50 percent...more

Drive Carefully! Mandatory Random Substance Abuse Testing Of Truck Drivers To Be Cut In Half

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

FMCSA Lowers Random Drug Testing Level to 25 Percent in 2016

On December 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced that it is reducing the minimal annual percentage rate for random drug testing for drivers subject to the Department of Transportation’s...more

Does My Company Really Need to Have a Written Policy on Drug and Alcohol Testing?

When counseling a new client, I normally ask if they have a written drug and alcohol testing policy. If the company is fairly large, it normally has such a policy. I do, however, occasionally receive a response from smaller...more

Win Some, Lose Some: Drug Testing Statutes Tricky to Navigate

Connecticut’s drug testing statutes applicable to employers have always been a bit tricky to follow. I covered the basics of these laws back in 2010 (you’ve been reading that long, right?)....more

Recent Decision Provides Case Study on Managing Suspected Alcohol Impairment

If an employer suspects that an employee may be coping with a substance abuse issue, such as alcoholism, what steps can it take to ensure that the employee is not coming to work impaired? A recent federal court case explored...more

It’s the PITs! Employer Guide to Forklift Liability in the Workplace

Take a look around you. There’s a good chance you work at a facility that uses a Powered Industrial Truck (PIT). OSHA defines a PIT as “any mobile power-propelled truck used to carry, push, pull, lift, stack or tier...more

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