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The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. In a recent case, a delivery worker had an workplace accident and, the next day, came to work with glassy, bloodshot eye…
More Americans are using marijuana, according to a new government report. About 8.4% of Americans ages 12 and older were current users of marijuana last year, up from 7.5% in 2013. The percentage of teens ages 12 to 17 who smoke, drink or use prescription narcotics…
Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. The Court previously held that the pre-offer…
The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act, upholding dismissal of a wrongful discharge case after an employee who tested positive for drugs did not comply with the recommended treatment…
A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator…
With state legislative sessions winding down, it’s been pretty quiet on the medical marijuana front, except for California, where both localities and the legislature continue to grapple with the issue. Gov. Jerry Brown (D) signed Assembly Bill 258, which will bar…
Although medical marijuana is now legal in twenty-three states, including New Mexico, it remains illegal under federal law. This creates a challenging legal landscape for employers who want or need to drug test employees, but do not want to expose themselves to…
The Measure 91 marijuana legalization initiative approved by Oregon voters is now in effect. That means that people 21 and over can now legally possess up to eight ounces of weed at home and grow up to four plants. Public consumption remains illegal. But you…
A federal study of substance use trends revealed that women, people age 18 to 25, and those with higher incomes and private insurance have been increasingly falling victim to heroin. The report from the US Centers for Disease Control and Prevention and the Food and…
Last November, two-thirds of Washington, D.C., residents voted to pass Initiative 71, which decriminalizes the possession of marijuana in the district. The sale and use of medical marijuana became legal in Washington, D.C., in 2010, but Initiative 71 allows for…