On November 4, Oregon, Alaska, and the District of Columbia became the latest jurisdictions to pass referendums decriminalizing the recreational possession and use of small amounts of marijuana. Oregon’s law becomes effective in July 2015; Alaska’s…
Posts by Category: Pre-employment Drug Testing
Admissions of Drug Use By Employees Are Not The Same As Positive Test Results in Minnesota
A common occurrence when employees are confronted with a requirement to take a drug test: they often confess. Sometimes they suggest that the employer need not bother with the test because they know they will test positive. Under the Minnesota Drug and Alcohol Testing…
Federal Court of Appeals Addresses Testing Employees for Lawful Prescription Drug Use
The Americans with Disabilities Act (“ADA”) makes it unlawful for an employer to either require its employees to undergo medical examinations or make disability-related inquiries that cannot be justified as “job related and consistent with business…
Worker Drug Test Positives Rise for First Time Since 2003
A new study published by Quest Diagnostics reported an increase in the workforce drug test positivity rate for the first time in ten years, fueled primarily by marijuana and amphetamines. The Quest Drug Testing Index (DTI) released on September 11, 2014 also showed a…
A Three Pronged Strategy To Stay Ahead Of Drug Test Cheaters (Second of two parts)
The first part of this article examined the creative ways in which some individuals try to beat a drug test. In order to beat cheaters at their own game, it is important to know what you’re looking for in terms of a urine sample that is not right. Labs primarily…
Public Employers, You Can’t Drug Test as if You Were in the Private Sector
Public employers often mistakenly believe that they have the same drug testing rights as employers in the private sector. As a recent decision from a federal court in Florida shows, it isn’t necessarily so. The court found that there was no evidence showing that…
Minnesota Drug Testing Law Does Not Apply to Employees Working Outside Minnesota
A federal court in Minnesota has ruled that Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. Sections 950-957, does not apply to employees who work or are applying to work outside the state of Minnesota. Olson v. Push, Inc., No….
New York Becomes 23rd State to Enact Medical Marijuana Law
The Governor of New York signed on July 7 New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana….
Medical Marijuana Update
There will be no medical marijuana initiative in Oklahoma this year, but organizers vow to be back next year. Former Republican state governor and potential 2016 presidential candidate Jeb Bush has come out against Florida’s medical marijuana initiative. Bush…
Medical Marijuana Update
A CBD cannabis oil bill becomes law in Missouri, the District of Columbia expands its medical marijuana program, Michigan prepares to improve its program, Berkeley will provide free medical marijuana for the poor and homeless, an LA medical marijuana farmers’…