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While the majority of states have legalized some form of medical marijuana, federal law stands firm regarding marijuana as an illegal drug, even when it comes to the Americans with Disabilities Act (ADA). This federal law states that a qualified individual with a…
Effective February 1, 2018, a provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use. One of the provisions provides that employers are not required to permit or accommodate the use,…
There are currently three primary methods for specimen collection for employers who want to create a safe and healthy workforce through drug screening. Urine testing is used by 90 percent of employers, according to HireRight, with saliva used by 10 percent and hair…
The Mississippi Urine Trouble Act, sponsored by Republican State Representative Andy Gipson, would ban the sale or use of synthetic human urine for the purposes of defrauding a drug test, including one for employment. A box of fake urine can be purchased at truck…
With marijuana becoming more widely accepted, some are questioning the need for workplace drug testing. Quest Diagnostics recently reviewed published research and articles to highlight key points, such as how people under the influence of drugs perform in their job…
Each year, the Society for Human Resource Management (SHRM) holds a panel on state and national drug laws at its employment law and legislative conference. One attendee, an attorney at Sheehan Phinney Bass & Green PA, said he has become known as a “pot lawyer”…
San Francisco and San Diego are moving to erase thousands of marijuana convictions en masse, which could be life-changing for some and helpful, especially, to minorities. San Francisco District Attorney George Gascon said he aims to “fix the harm that was done not…
In most cases, email addresses and business contact information are considered “personal data.” Personal data is defined by the General Data Protection Regulation (GDPR) as “any information relating to an identified or identifiable natural…
A recent showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) has signaled to employers that the Commission’s position on the unlawful nature of categorical bans on the hiring of felons remains viable. In State of Texas v. EEOC,…
The Wisconsin Fair Employment Act prohibits employers from taking adverse employment action against an applicant or employee because of the individual’s conviction record, unless the conviction is “substantially related” to the position. Wisconsin…