News & Analysis as of

Drug Testing Policies and Procedures

Mitratech Holdings, Inc

The Best Practices for Pre-Employment Drug Testing

Mitratech Holdings, Inc on

Pre-employment drug testing can feel overwhelming for many employers. What are the rules? Do certain drugs matter more? What doesn’t matter at all? What can you let slide?...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Jackson Lewis P.C.

Minnesota Will Allow Oral Fluid Testing For Drugs, Cannabis and Alcohol

Jackson Lewis P.C. on

Minnesota will amend its drug testing law to permit oral fluid testing for drugs, cannabis and alcohol, effective August 1, 2024. The Drug and Alcohol Testing in the Workplace Act (“DATWA”) currently requires employers who...more

Farella Braun + Martel LLP

Navigating Cannabis in the Workplace: A Guide for California Corporations

The landscape surrounding cannabis in the workplace is rapidly evolving, posing challenges for California corporations and businesses to establish effective policies and procedures. As the use of cannabis, both medical and...more

Haynsworth Sinkler Boyd, P.A.

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

Perkins Coie

Update: New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

Perkins Coie on

Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Jackson Lewis P.C.

Ohio Passes Recreational Marijuana Law: What Employers Should Know

Jackson Lewis P.C. on

Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of...more

McGlinchey Stafford

Employers: Clock is Ticking to Update Marijuana Policies

McGlinchey Stafford on

With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more

Schwabe, Williamson & Wyatt PC

Operator Liability for Intoxicated Crew

Maritime operators should diligently enact and follow policies and procedures on personal leave and drinking ashore. In a recent decision from the U.S. District Court for the Middle District of Louisiana, the court refused to...more

Butler Snow LLP

Warning: No Fishing Allowed!

Butler Snow LLP on

The Supreme Court of Texas recently clarified whether the results of driver drug-and-alcohol tests, from drivers who were not involved in the incident at issue, are relevant and producible in commercial motor vehicle cases....more

Fox Rothschild LLP

New Guidance on Cannabis Workplace Impairment in New Jersey

Fox Rothschild LLP on

The New Jersey Cannabis Regulatory Commission recently issued interim guidance for employers who suspect that an employee is impaired at work. As mentioned in a prior alert, the New Jersey Cannabis Regulatory,...more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

Jackson Lewis P.C.

Connecticut Legalizes Recreational Marijuana

Jackson Lewis P.C. on

Connecticut has become the 19th state to legalize recreational marijuana use by adults. Governor Ned Lamont signed the Act Concerning Responsible and Equitable Regulation of Adult-use Cannabis on June 22, 2021...more

Jackson Lewis P.C.

Montana Will Protect Off-Duty Use Of Marijuana Next Year

Jackson Lewis P.C. on

Montana Governor Greg Gianforte signed legislation on May 18, 2021 that will provide protections for off-duty use of marijuana starting on January 1, 2022. Montana citizens voted to legalize recreational marijuana in...more

Jackson Lewis P.C.

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

Jackson Lewis P.C. on

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was...more

Cole Schotz

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

Bradley Arant Boult Cummings LLP

Medical Marijuana and the Construction Industry: Effective Drug Testing Policy and Compliance

Last year, Mississippians voted overwhelmingly to approve Initiative 65 and legalize medical marijuana. While the fate of the initiative is currently in limbo — until the Mississippi Supreme Court decides its fate — it seems...more

Cole Schotz

New Jersey Legalizes Recreational Cannabis And Enacts Employment Protections For Cannabis Users

Cole Schotz on

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21...more

Amundsen Davis LLC

[Webinar] Dealing with Cannabis in the Workplace - A National Perspective - February 20th, 12:00 pm CT

Amundsen Davis LLC on

Although cannabis remains illegal under federal law, the legalization of cannabis on the state-level has left employers feeling uncertain of how to tailor their workplace policies and procedures to fit the changing landscape....more

Seyfarth Shaw LLP

Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

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Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more

Fisher Phillips

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

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

Holland & Knight LLP

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

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• 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

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