Companies with operations in the European Union (EU) have been finding that the scope of discovery in litigation in the United States is in conflict with their obligations under laws implementing the EU Data Privacy Directive. In fact, most U.S. courts have found that…
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When ICE Agents Show Up at Work, What Should the Boss Do?
In an effort to counter the expected increase in immigration-related workplace raids, the state Assembly has approved a bill that would require California employers to ask federal immigration agents for a warrant before allowing them access to the workplace. An…
Legislators Finally Pass a Bill to Implement Florida’s Medical Marijuana Constitutional Amendment
The Florida Legislature passed a 78-page bill relating to medical use of marijuana. Under the new bill, a person must be a “qualified patient” – or diagnosed by a physician — or a caregiver,in order to use or handle medical marijuana. In addition, the Department…
Workplace Policies for Prescription Drugs
It is important for employers to include a Prescription Medication Disclosure provision in their workplace policy that is limited to those medications with impairing effects. For example, dura Automotive Systems implemented a new drug testing policy prohibiting…
Drug Panels and SAMHSA Requirements
About 33 states and municipalities in the United States have some sort of drug testing law. These laws often refer to the Substance Abuse and Mental Health Administration (SAMHSA) regulations or the Department of Health and Human Services (DHHS) regulations….
Electronic Chain of Custody Delivers Faster, Better Drug Testing
The Office of Management and Budget (OMB) recently approved an electronic version of the five-part paper custody and control form (CCF). It is believed that the electronic custody and control form (ECCF) will improve quality by reducing errors and eliminating…
The Use of Hair Testing in the Transportation Industry
More than 70 percent of all of the freight tonnage moved in the U.S. goes on trucks, an industry that must be focused on safety. It has even regulated its own industry by proposing and initiating numerous safety improvements. The inclusion of hair as an alternative…
Workplace Alcohol Testing: Some States Defer to the Federal Standards
Although not all state drug testing laws include provisions for alcohol testing, many states defer to the federal standards and require workplace alcohol tests to be conducted in accordance with the Substance Abuse and Mental Health Services Administration guidelines…
The Cost of Non-Compliance
In just one year, $482 million was paid by employers for violating the Americans with Disabilities Act (ADA). This may not mean anything to your business, but the cost of non-compliance is great for those who lack knowledge about state laws, unemployment defense,…
Governor Christie Announces Bipartisan Agreement on Model Legislation to Reclaim Lives
Governor Chris Christie recently announced a bipartisan agreement on model legislation to help reclaim the millions of family members, friends, neighbors and coworkers in New Jersey and across the country who are stricken by drug addiction. Three new expungement…