Client Portals
According to a report issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), substance and alcohol abuse has been negatively affecting key U.S. industries by way of lost productivity, workplace accidents and injuries, absenteeism, low morale…
With the beginning of a new year, it is time to make resolutions and review old, outdated workplace policies. Employers who conduct drug and alcohol testing should consider updating their drug and alcohol policies in 2016, particularly if they have not done so in…
Grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. TheADA does not protect illegal drug use by employees. If the illegal drug use, and not the disability, motivates a…
The Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has reduced the minimum annual percentage rate for random controlled substances testing for drivers of Commercial Motor Vehicles (CMVs) requiring a Commercial Driver’s License…
It appears that Ohio’s proposed off-duty conduct law is a whole lot worse for employers than Colorado’s similar (but very different) statute. Ohio’s proposed off-duty conduct law would prohibit an Ohio employer from terminating an employee for…
Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for…
A federal court in Utah upheld the termination of an employee who did not disclose his use of prescription medication in accordance with his employer’s policy. This case highlights the importance of having a written policy requiring “safety-sensitive” employees to…
A federal court in Georgia rejected an employee’s claim that his termination after a positive drug test result for barbiturates was discriminatory. Roman worked in a safety-sensitive position and tested positive for phenobarbital, which is a barbiturate. Roman claimed…
Every employer in Ohio and surrounding states must now begin to develop workplace controls to fully address the legalization of marijuana in Ohio. To be most effective and legally defensible, these controls should be more expansive than simple revisions to current…
The Equal Employment Opportunity Commission has filed numerous lawsuits against employers who take adverse actions against applicants and employees who use prescription medications. In accordance with that trend, EEOC filed suit against an employer who purportedly…