News & Analysis as of

Drug Testing

House Subcommittees Discuss The Impacts Of Opioids In The Workplace

by Husch Blackwell LLP on

Today the House Subcommittee on Health, Employment, Labor, and Pension and the Subcommittee on Workforce Protections held a joint hearing on how the opioid epidemic is affecting workplaces and communities. Members heard about...more

WPI State of the States: State Legislatures are Back in Business

by Littler on

The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

by Ballard Spahr LLP on

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Going with the Flow: Refresher Case about Drug Tests and Mississippi’s New Urine Trouble Law (No Kidding)

Urine testing—not one of the more popular work activities. However, drug tests are part of safety programs throughout the country. Two recent events—one a court decision and one a potential legislative event—give me the...more

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

by Holland & Knight LLP on

• Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. • New...more

Potholes Ahead for Marijuana-Impaired Driving Regulation

by Wilson Elser on

Despite the federal Schedule I status of cannabis, more and more states are legalizing marijuana in some form. The nationwide increase in cannabis use means a rise in the number of cannabis-impaired drivers....more

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

by Littler on

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Our Nominees for the Top 20 California Employment Law Risks

by Davis Wright Tremaine LLP on

New laws pop up in California on a regular basis, as summarized by our What’s New for 2018 advisory. Meanwhile, California employers must also be mindful of the laws already on the books, many of which pose traps for the...more

Resource Update: Recreational Marijuana in the New Jersey Workplace

by FordHarrison on

One of Governor Phil Murphy’s top priorities in his new administration is the decriminalization of marijuana in New Jersey. The proposed bill most likely to become law this year comes as employers are just getting comfortable...more

Sessions’s Marijuana Memo Reminds Colorado Employers They Are Not Out of the Federal Weeds

by Wilson Elser on

Attorney General Jeff Sessions’s January 4, 2018, Memorandum for All U.S. Attorneys explicitly rescinds all prior nationwide guidance on marijuana-related offenses under the federal Controlled Substance Act (CSA) issued from...more

As Marijuana Shops Thrive, California Employers Revisit Drug Policies

News accounts report that thousands of Californians celebrated the first day of 2018 by exercising their new right to legally purchase marijuana for recreational use. Recreational marijuana shops were overwhelmed by long...more

Employee’s Refusal To Take Drug Test Could Not Support Age And Gender Discrimination Claims

by Jackson Lewis P.C. on

A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc.,...more

Voluntary Disclosure Reporting Program Gets Extended to Drug and Alcohol Programs, Unless…

by LeClairRyan on

The Federal Aviation Administration relies heavily on voluntary compliance with its regulations. As part of its strategy, the FAA encourages regulated entities to participate in voluntary disclosure reporting programs (VDRP)...more

“Risk Management Lessons From an Opioid Trial”

The use of opioid medications to treat pain is at a watershed moment in the United States. Over the past three decades, opioids have become a standard and effective component of pain management for many practitioners. They...more

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

by Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

by Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

Sessions Changes the US DOJ’s Position on Prosecutorial Discretion Involving Marijuana in States Permitting Use – But is that a...

by Fisher Phillips on

As predicted by Politico, the Wall Street Journal, Washington Post and other sources, U.S. Attorney General Jeff Sessions today rescinded the 2013 Cole Memorandum “Guidance Regarding Marijuana Enforcement,” which has...more

WPI State of the States: A Busy December Signals a Wild 2018 for Employers

by Littler on

Despite the holiday break in most statehouses and city halls, legislators were quite productive in December. More than 40 employment-related bills were introduced or advanced last month, across nearly 20 states and...more

End of the Year Updates from the Department of Transportation and Federal Aviation Administration

by FordHarrison on

The Department of Transportation (DOT) and Federal Aviation Administration (FAA) published a flurry of announcements to close out 2017. In addition to recapping several previous publications, the FAA released a new Advisory...more

New Year, New Employee Handbook: Rethinking Your Policies in the Wake of 2017

2017 has been quite a year, with ever-changing regulations, trends, and employee expectations at the local, state, and federal levels. In this environment of constant flux, an outdated employee handbook can leave an employer...more

DOT Tackles the Opioid Crisis: Agency Issues Guidance on Regulations Adding Semi-Synthetic Opioids to Testing Panel

by Littler on

Effective January 1, 2018, employers with employees subject to the U.S. Department of Transportation’s drug-testing regulations will face new and broader testing obligations based on a Final Rule issued in November 2017....more

Not Up In Smoke: Employers Can Still Enforce Drug Policies

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January...more

DOT Notice Provides Guidance on How the Use of Medical Marijuana Will Affect Drug Testing Results

by McNees Wallace & Nurick LLC on

Typically, a drug test cannot be certified as positive until a Medical Review Officer (“MRO”) verifies the result. For drivers subject to the Federal Motor Carrier Safety Act, Department of Transportation Regulations state...more

Drug Free Workplaces in the Medical Marijuana Era

by Cohen & Grigsby, P.C on

To date, twenty-nine states have legalized medical marijuana. As laws permitting medical marijuana use go into effect across the county, many employers are left wondering how these laws will impact their drug-free workplace...more

The Hub: Transportation News & Insights - December 2017

by Wilson Elser on

Patent Trolls and Transportation Companies - Even though courts and legislatures balance the tactics of the patent trolls, every transportation or logistics company needs to be wise and aware of the risks it faces when...more

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