All over the country, employers say they see a disturbing downside of tighter labor markets as they try to rebuild from the worst recession since the Depression: They are struggling to find workers who can pass a pre-employment drug test.That hurdle partly stems from…
Posts by Category: Pre-employment Drug Testing
Pennsylvania Employee Proceeds With Invasion of Privacy Claim Arising out of Positive Drug Test Result
A federal court in Pennsylvania has allowed an employee to proceed with a wrongful discharge/invasion of privacy claim related to her discharge after a positive drug test result.Plaintiff, a 58-year old school bus driver, was terminated after taking a random drug test…
Minnesota Drug Testing Law Applies Where Minnesota Resident Was Hired To Work In Another State
A federal appeals court has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, for a…
Three-Year Statute of Limitations Applies to Violations of Rhode Island Drug Testing Law
The Rhode Island Supreme Court has held that a three-year statute of limitations applies to claims alleging violations of the employer drug testing statute in that state. Rhode Island’s employer drug testing statute provides employees with a right to be free from drug…
DEA Will Announce Whether Marijuana Should Be Reclassified In First Half Of 2016
The Drug Enforcement Administration (DEA) said it will decide in the first half of 2016 whether marijuana should be reclassified under federal law. The agency gave no indication what its decision will be. There are five categories, or schedules, for drugs in the U.S….
Montana’s Revised Medical Marijuana Law Survives Constitutional Challenge
The Montana Supreme Court has upheld against a state constitutional challenge the State’s 2011 Montana Marijuana Act, a new statutory framework embodying the State’s effort to limit abuses resulting from the 2004 Medical Marijuana Act, which was established by voter…
Illinois Medical Marijuana Law: What Employers Should Know
In November 2015, medical marijuana dispensaries in Illinois began treating patients under Illinois? Compassionate Use of Medical Cannabis Pilot Program Act (Compassionate Use Act). Illinois’s medical marijuana law is one of the most restrictive in the nation. First,…
Combating the Prescription Drug Crisis
Drug overdoses—predominantly from opioid painkillers such as OxyContinand Percocet—now exceed car crashes as the leading cause of unintentional deathin the United States. Perhaps that’s not surprising, considering sales ofprescription opioid painkillers in the U.S….
Legalizing Marijuana – Off-Duty Use – An Employer’s Quandary
More and more cities and states are legalizing the use of marijuana for medical and recreational use. The good news is that means in those jurisdictions the local and state police will not arrest you if your use conforms to the local/state law-medical use states…
Don’t Get Lost in the Weeds: Medical Marijuana is Now Legal in New York
The Compassionate Care Act, which was signed into law in July 2014, legalizes and regulates the manufacture, sale and use of medical marijuana in New York. The Act sets forth specific conditions under which a patient may obtain medical marijuana. The Act provides that…