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Employer Liability Issues Substance Abuse

Parker Poe Adams & Bernstein LLP

Should Employers Purchase Naloxone for Emergency Use?

In recent years, we have had a number of clients report suspected employee overdoses at their facilities. The growing availability and potency of fentanyl and other opiates has resulted in an epidemic of overdoses and deaths....more

FordHarrison

A Continuing Discussion on the Opioid Epidemic in the Workplace – Part 3

FordHarrison on

Executive Summary: This is Part 3 of a series of Alerts exploring different facets of the ongoing opioid addiction crisis afflicting our country. Our initial Alert on June 12, 2023 outlined the big-picture issues associated...more

Ward and Smith, P.A.

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

Ward and Smith, P.A. on

During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more

Troutman Pepper

Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

Troutman Pepper on

The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more

DirectEmployers Association

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery Season 5 • Episode 1 It’s estimated that between 22-28 million Americans live in recovery from substance abuse but...more

Pierce Atwood LLP

Quiet Quitting and Today’s Workforce Challenges

Pierce Atwood LLP on

The American workforce is in crisis, buffeted by one challenge after another – some recent, and some, like demographic changes, that have been building for decades. At a recent employment law seminar – our first in-person...more

Foley & Lardner LLP

Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy Employment Waters

Foley & Lardner LLP on

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more

Epstein Becker & Green

2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts

On January 25, 2022, the U.S. Department of Labor (“DOL”), Department of Health and Human Services, and Department of the Treasury (collectively, “Departments” or “Regulators”) released their 2022 Annual Report to Congress on...more

Shumaker, Loop & Kendrick, LLP

Client Alert: New SAMHSA Requirements May Necessitate Changes to Business Associate Agreements

42 C.F.R. Part Two (“Part 2”) addresses the protection of substance use disorder (SUD) patient records, which are records held by SUD treatment programs that receive federal financial assistance (e.g., from Medicare or...more

Bradley Arant Boult Cummings LLP

Opioid Guidance, Lactation Breaks, and Liability Shields: Recent Employment News You Might Have Missed

In case you missed it, below are a few of the most recent employment law updates that may have gotten lost in the onslaught of the 24-hour news cycle. EEOC Issues Opioid Accommodation Guidance - While employers have...more

Bricker Graydon LLP

Ohio Supreme Court holds that "direct observation" of drug testing is not an invasion of privacy

Bricker Graydon LLP on

In a 4-3 decision the Ohio Supreme Court recently held that the privacy of an at-will employee is not invaded when the employee is required to produce a urine sample while being monitored by a same-sex employer representative...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or...more

Payne & Fears

The EEOC Releases Guidance on Legal Opioid Use and Reasonable Accommodations

Payne & Fears on

Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers...more

McAfee & Taft

EEOC issues guidance on opioids and the Americans with Disabilities Act

McAfee & Taft on

It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more

Poyner Spruill LLP

New EEOC Guidance on Opioid Addiction and Employment

Poyner Spruill LLP on

On August 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued two new guidance documents addressing the opioid epidemic and its impact on the workplace. The first guidance, “Use of Codeine, Oxycodone, and Other...more

Ballard Spahr LLP

EEOC Issues New Guidance on Opioid Use and the ADA

Ballard Spahr LLP on

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more

Hinshaw & Culbertson - Employment Law...

EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more

Epstein Becker & Green

Employers Must Accommodate Some Workers’ Opioid Use and Treatment

Epstein Becker & Green on

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...more

Proskauer - Law and the Workplace

EEOC Releases Guidance on Employee Opioid Use and the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Bass, Berry & Sims PLC

Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?

Bass, Berry & Sims PLC on

Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA),...more

Littler

15 Key Developments in Canadian Labour & Employment Law in 2019

Littler on

Canada saw significant developments in labour and employment law in 2019.  As we embark on a new decade, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve....more

McManis Faulkner

2019 Cannabis & Co: Family and Medical Leave Act (FMLA) in the Post Prop. 64 Era (Part 3)

McManis Faulkner on

2019 Cannabis & Co: Addressing Cannabis in the Workplace (Part 3) will take a closer look at how California Family and Medical Leave Act (FMLA) is affected with Post Prop. 64. - Do employers have a duty to accommodate...more

Dickinson Wright

“Well I’m Gone to Detox Mansion”* – What Employers Should be Mindful of When an Employee Asks for Time to Enter Rehabilitation for...

Dickinson Wright on

From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis in those states in which it is legal to...more

Littler

Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

Littler on

Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

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