News & Analysis as of

Drug Testing

Sherman & Howard L.L.C.

Opening The Door To Discrimination Claims Under The Arizona Medical Marijuana Act

by Sherman & Howard L.L.C. on

A medical marijuana cardholder and her employer went to court. The employer had a policy prohibiting employees from working under the influence of marijuana and fired the cardholder when her drug test (taken after a workplace...more

Husch Blackwell LLP

Clearing Up Confusion On OSHA’s Safety Incentive Program Policy (The “Pizza Party” Rule)

by Husch Blackwell LLP on

Based on questions we’ve fielded from clients, it seems many are understandably unsure what OSHA’s current position is on safety incentive programs. Here’s a quick rehash to clear it all up....more

Fisher Phillips

2 For 1: Improving Retention While Reducing Issues Created By Problem Employees

by Fisher Phillips on

Following a few easy steps when hiring employees will help both screen out potential problems and reduce turnover. In a typical dealership, the “problems” that can result from bad hiring decisions include low productivity,...more

Bradley Arant Boult Cummings LLP

Changing Marijuana Laws and Effective Drug Testing Policy

Although marijuana is classified as an illegal drug under federal law, a majority of states have now legalized its use in one form or another. This rapidly evolving legal landscape presents new challenges for employers,...more

Fox Rothschild LLP

Reminder: “Self-Prescribed” Marijuana Is Not “Legal” In Medical Marijuana States

by Fox Rothschild LLP on

A recent case out of Pennsylvania serves as a good reminder that even in states where medical marijuana is legal, individuals cannot “self-prescribe” and then seek to claim protections that might be available to properly...more

PilieroMazza PLLC

In the Weeds: Testing Federal Contractor Employees for Marijuana Use

by PilieroMazza PLLC on

Consider the following scenario: Janie is employed as a help desk clerk to perform work on a federal government contract and is a model employee. She has a perfect attendance record, performs her job responsibilities with...more

Constangy, Brooks, Smith & Prophete, LLP

CALIFORNIA SNAPSHOT: Is "Medical Marijuana Accommodation" On The Way?

Let's be blunt. The legalization of medical and recreational marijuana use in California has placed employers in a tough situation as they grapple with crafting and enforcing workplace drug policies that comply with an area...more

Cozen O'Connor

III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments

by Cozen O'Connor on

This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more

Rumberger Kirk & Caldwell

Drug Testing Florida School District Job Applicants Is Tricky Business. Finally, Some Judicial Guidance

by Rumberger Kirk & Caldwell on

Is mandatory drug testing for all school district job applicants constitutional? A recent case from the Eleventh Circuit suggests not. See Friedenberg v. Sch. Bd. of Palm Beach Cty., 9:17-cv-80221-RLR (11th Cir. 2018). ...more

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

Compass: Insights And Direction For Employers - January 2019

Did you know that the 2018 midterm elections set a record as the first midterm to exceed voter turnout of 100 million people? In this issue, we will talk about the impact of the 2018 midterms for employers as well as topics...more

Foley & Lardner LLP

Michigan Brings Legalized Recreational Marijuana to the Midwest

by Foley & Lardner LLP on

Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and...more

Orrick - Global Employment Law Group

“I’m Not Throwing Away My [P]ot”: Delaware Court Upholds Medical Marijuana User’s Claims Against Employer

In Chance v. Kraft Heinz Foods Company, a Delaware state court recently held that a private cause of action exists under the state’s Medical Marijuana Act (DMMA) and confirmed that the federal Controlled Substances Act (CSA)...more

Miller & Martin PLLC

What's on Your 2019 HR To-Do List? (Part 2)

by Miller & Martin PLLC on

In Friday’s Alert "What's on Your 2019 HR To-Do List?", we began looking at some potential priorities for your 2019 HR to-do list. Here are the final items on our list....more

Littler

Delaware Court Holds Federal Law Does Not Preempt Employee Protections under State Medical Marijuana Law

by Littler on

The Superior Court of Delaware recently issued a decision confirming the state's protections for medical marijuana users. ...more

Bradley Arant Boult Cummings LLP

Cannabis and the Contractor: Effective Drug Testing Policy and Compliance

Although marijuana is an illegal drug under federal law, a majority of states have now legalized its use in one form or another. Additionally, Canada recently legalized the use of marijuana, and proposals for loosening...more

Jackson Lewis P.C.

2019: The Year Ahead For Employers

by Jackson Lewis P.C. on

Labor and employment law saw a flurry of activity in 2018 as the Trump Administration’s deregulation and pro-business policies took effect across the country. State and local governments responded in a variety of ways to ...more

Jackson Lewis P.C.

FTA And USCG Raise Random Drug Testing Rates To 50% For 2019

by Jackson Lewis P.C. on

The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2019. The Federal Transit Administration and the United States Coast Guard have raised their random drug...more

Jackson Lewis P.C.

Federal Appeals Court Holds That Public School District May Drug Test Substitute Teacher Applicants

by Jackson Lewis P.C. on

A federal appeals court has held that a public school district may drug test applicants for substitute teacher positions, concluding that such testing does not violate the Fourth Amendment’s prohibition against unreasonable...more

Jackson Lewis P.C.

Delaware State Court Holds That Medical Marijuana User May Proceed With Lawsuit Against Employer

by Jackson Lewis P.C. on

A Delaware state court has held that a medical marijuana user may proceed with a lawsuit against his former employer after his employment was terminated due to a positive drug test result for marijuana. Chance v. Kraft Heinz...more

Fisher Phillips

Proposed Texas Marijuana Laws Might Impact Workplaces In 2019

by Fisher Phillips on

Texas has maintained its reputation as being a conservative state despite the results of the 2018 midterm elections. But, as the surprisingly close Texas Senate election suggests, things may be a-changin’—especially when it...more

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

Connecticut Court Rules in Favor of Medical Marijuana User in Discrimination Case

A recent U.S. district court decision in Connecticut shows that drug testing applicants and employees in jurisdictions that authorize the use of legalized medical marijuana may present challenges. On September 5, 2018, Judge...more

Obermayer Rebmann Maxwell & Hippel LLP

New Year, New (Employment) Laws: A National and Regional Outlook for 2019

Each New Year brings new laws, including employment laws and regulations that companies need to consider before the ball drops. In 2019, employers may see a few changes at the federal level, but most changes will be at the...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

by Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Wilson Elser

New Ruling on Medical Marijuana in the Workplace Clarifies Connecticut’s PUMA Legislation

by Wilson Elser on

A Connecticut federal court judge provided clarification on medical marijuana use under the Connecticut Palliative Use of Marijuana Act (PUMA) in Noffsinger v. SSC Niantic Operating Company LLC. Background - In...more

Clark Hill PLC

Recreational Marijuana is About To Be Legal in Michigan: What Employers Need to Know

by Clark Hill PLC on

Effective December 6, 2018, it will be legal in Michigan for persons 21 years of age or older to use and possess marijuana and marijuana products. While the law does not impact an employer’s right to maintain and enforce...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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