Drug Testing

News & Analysis as of

Federal Appeals Court Upholds Dismissal of Public Employee For Failing Random Drug Test

The Unified Government of Wyandotte County/Kansas City, Kansas did not violate a public employee’s Fourth Amendment rights by requiring the employee to submit to a random drug test or by terminating his employment when he...more

Congress Passes Resolution to Block Obama Administration Restrictions on Drug Testing Those Seeking Unemployment Benefits

On March 14, 2017, the U.S. Senate approved House Joint Resolution 42, which earlier passed in the U.S. House of Representatives and blocks the U.S. Department of Labor’s (DOL) regulation limiting states’ ability to drug test...more

Vermont’s Crackdown on Drug Testing Underscores the Importance of Compliant, State-Specific Drug Testing Policies for Multistate...

My unabashed love affair with the state of Vermont has been around for quite a while. Maple syrup, Phish, innovative ice cream, beautiful scenery, and a statewide ban on interstate billboards—what’s not to love? ...more

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

Court Upholds Dismissal of Employee Based on Refusal to Submit to Reasonable Suspicion Drug Test

The highest court in West Virginia recently affirmed the dismissal of a lawsuit in which an employee challenged the decision to terminate her employment after she refused to submit to a reasonable suspicion drug test. Layne...more

[Webinar] New OSHA Requirements Apply to You and You May Not Know It - March 22nd, 12:00pm Eastern

Please join us on March 22 at noon Eastern Time for a 30 minute webinar presented by James Céspedes and Steven Adelman about the applicability of OSHA to your business. James and Steve will tell you all that you need to know...more

Recruitment and Wage and Hour Law in Ontario

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Covenant Transport To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Trucking Company Refused To Hire Applicant Because of Inability to Provide a Urine Sample Due to Medical Condition, Federal Agency Charged - CHATTANOOGA, Tenn. - Covenant Transport, Inc., a trucking company based in...more

Future of California’s Marijuana Laws Appears Hazy

What do you get when you cross blue state liberal marijuana laws with red state conservatism? A purple haze. California voters approved recreational use of marijuana for adults in the November 2016 election. But federal...more

3 Practical Challenges for Employers Created by Legalized Marijuana

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the...more

Signs that OSHA Priorities are Shifting Under the Trump Administration?

There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data...more

What is the Current Status of OSHA’s Injury and Illness Reporting Rule?

As we previously reported on this blog, OSHA recently made sweeping changes to its injury and illness reporting rule. The agency delayed enforcement of the rule until December 1, 2016. Many industry advocates were hoping...more

February 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s final approval of antitrust immunity for Delta Air Lines and Aeromexico, DOT’s proceeding to reallocate some of Delta/Aeromexico’s Mexico City and...more

Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more

The Hazy Truth Regarding Workplace Drug Testing

John has been a good technician throughout his relatively short tenure at your dealership. But today he is a bit careless as he test-drives the customer vehicle he just finished working on. As John returns the car to the...more

Is Post-Accident Drug Testing Still Legal?

Last year, the Occupational Safety and Health Administration (“OSHA”) published a final rule that (1) made explicit the requirement that employers have a reasonable procedure for their employees to report work-related...more

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

Refusal to Submit to Drug Testing Requires Evidence of Intent, in Kansas Workers’ Compensation Case

An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme...more

New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.) However, as we blogged previously, many states have their own reporting...more

Employment Law Letter - Winter 2017

For many years there has been disagreement about whether or not employees who bring discrimination claims under Connecticut’s Fair Employment Practices Act can get punitive damages (not just compensatory damages for lost...more

Latest Developments from the Connecticut General Assembly: January 31st Public Hearing

On Tuesday, January 31, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: Proposed H.B. No. 5151 AN ACT CONCERNING TIMETABLES FOR MUNICIPAL...more

2017 Indiana Legislative Update: Employment Law Bills to Watch

The Indiana General Assembly returned for its 2017 session on January 3, 2017. While the budget is a central focus this year, there are many employment-related bills that have been introduced that could have a significant...more

Right to Light? Maine’s New Marijuana Law Prohibits Employers from Discriminating Against Recreational Users

An important provision in the recreational marijuana ballot initiative approved by Maine voters back in November has so far generated limited buzz among Maine employers, but they will need to pay closer attention now that key...more

DOT To Add Synthetic Opioids To Its Drug Testing Panel

Today the U.S. Department of Transportation published a notice of proposed rulemaking in the Federal Register in which it proposes to amend its drug testing program regulation to add four synthetic opioids (hydrocodone,...more

Massachusetts Has Legalized Marijuana — Should Your Workplace Policies Go Up in Smoke?

On November 8, 2016, voters in Massachusetts (along with their counterparts in Maine, California, and Nevada) voted to legalize the recreational use of marijuana. This means that recreational marijuana use is now legal in...more

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