News & Analysis as of

Drug Testing

Jackson Lewis P.C.

Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims

Jackson Lewis P.C. on

A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University...more

Jackson Lewis P.C.

2021: The Year Ahead for Employers

Jackson Lewis P.C. on

Shell shocked by 2020, employers are at a crossroads in 2021. Whether deciding to return to the workplace or remain virtual, a mix of business as usual combined with the realities of COVID-19 will influence practically every...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

Jackson Lewis P.C. on

In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Chartwell Law

New Precedent Set By the Pennsylvania Commonwealth Court on the Medical Marijuana Act

Chartwell Law on

On October 29, 2020, the Commonwealth Court of Pennsylvania set a new precedent by holding that Pennsylvania’s Medical Marijuana Act (MMA) did not safeguard a medical student from her college’s zero-tolerance drug policy. The...more

Blank Rome LLP

New Year, New Legal Requirements for New York Employers

Blank Rome LLP on

While New York employers will likely face ongoing challenges in 2021 as the COVID-19 pandemic continues to disrupt business operations, they must also contend with a number of new and recently enacted employment laws. To help...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Drug Testing Legislation in 2020: A Look Back

We would all be excused for wanting 2020 to disappear in a fog of medical marijuana. Here is a recap: As we predicted in 2019, most of this year’s action concerned medical and recreational marijuana. Not to be missed,...more

Saul Ewing Arnstein & Lehr LLP

PA Courts Issue Several Decisions Clarifying Employee Rights for Medical Cannabis Patients

Over the past month, Pennsylvania courts have issued a series of decisions clarifying employee rights for medical cannabis patients—one related to unemployment compensation and others related to private rights of action under...more

Jennings, Strouss & Salmon, PLC

[Webinar] Labor and Employment Webinar: Vaccination Mandates and the Workplace Implications of Prop. 207 - December 17th, 11:00 am...

Join Jennings Strouss Labor & Employment Department to discuss two pressing topics for Arizona employers: Vaccination Mandates and the Workplace Implications of Prop. 207....more

Seyfarth Shaw LLP

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

Seyfarth Shaw LLP on

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

Cozen O'Connor

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

Cozen O'Connor on

In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more

Arent Fox

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

Arent Fox on

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Jackson Lewis P.C.

Pennsylvania Court Affirms Unemployment Benefits For Medical Marijuana User

Jackson Lewis P.C. on

A Pennsylvania Appeals Court affirmed an order granting unemployment benefits to a medical marijuana user who was terminated by his employer for a positive drug test. The Pittsburgh Water and Sewer Auth. v. Unemployment Comp....more

Ballard Spahr LLP

Pennsylvania Marijuana Update: Accommodations and Pre-Employment Testing

Ballard Spahr LLP on

Summary - Two notable legal developments have occurred in Pennsylvania this fall related to marijuana use by employees....more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

Epstein Becker & Green

Employers Navigate New Marijuana Laws - Employment Law This Week®

Epstein Becker & Green on

Voters in Arizona, Montana, New Jersey, and South Dakota approved adult recreational marijuana use. Mississippi and South Dakota also legalized medicinal marijuana. Employers should review workplace drug and testing policies...more

Littler

Arizona Passes Initiative to Allow Recreational Marijuana Use

Littler on

Arizona 2020 voters decidedly adopted Proposition 207 – The Smart and Safe Arizona Act – which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use. The initiative...more

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more

Jackson Lewis P.C.

Court Upholds Jury Verdict That Directly-Observed Urine Collections Did Not Constitute Constructive Discharge

Jackson Lewis P.C. on

A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive...more

Cozen O'Connor

Google Sued Over Antitrust Allegations | Preview Of 2020 AG Races | Delay Of Generic Humira Challenged

Cozen O'Connor on

2020 AG Elections- A Primer on 2020 State Attorneys General Elections- •Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert...more

McNees Wallace & Nurick LLC

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

Davis Brown Law Firm

HR Quick Takes: Accommodations for Drug Testing

Davis Brown Law Firm on

Q: We have an Iowa Code 730.5 compliant drug testing program. However, we have an applicant who, due to a health condition, cannot provide a urine sample for drug testing. Can we just disqualify him?  ...more

Patrick Malone & Associates P.C. | DC Injury...

Infection doesn’t deter President from tub-thumping for yet another unproven drug

Well, there he goes again (as President Reagan used to say): President Trump, whose White House has become a coronavirus hot spot and who has clearly played a role in a super spreader event, is hyping yet another medical...more

Jackson Lewis P.C.

Suspension Of Employee Based On Marijuana Odor And Positive Test Result Did Not Violate CBA

Jackson Lewis P.C. on

A strong odor of marijuana was sufficient to constitute reasonable suspicion to test, and a positive drug test result constituted just cause for a ten-day suspension, an arbitrator ruled in denying an employee’s grievance. ...more

Constangy, Brooks, Smith & Prophete, LLP

A history of the decline and rise of the marijuana empire

Join us for a brief discussion of the history of marijuana legislation in the United States, and learn where the current developments and trends “leaf” employers as it relates to drug testing employees and accommodating...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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