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An employee’s request to provide medical documentation excusing a positive drug test could trigger an employer’s obligations to engage in the interactive process, according to a recent decision by the United States District Court for the Eastern District…
Since California became the first state to permit the sale and possession of medicinal marijuana in 1996, 22 other states and the District of Columbia have passed similar legislation. More recently, recreational marijuana use has been legalized in four states –…
Dr. Carolyn Clancy, the VA’s interim under secretary for health, told the House Committee on Veterans’ Affairs “there are active discussions going on now” about how to deal with the growing number of vets seeking to use medical marijuana for…
Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute and many consider it complicated and difficult to administer. Even if an employee tests positive for illegal drugs the employer is required, among other things,…
The D.C. Council unanimously passed a bill prohibiting employers from testing job applicants for marijuana until after they’ve made a conditional job offer. The bill would allow employers to test for pot after they offer someone a job as well as during…
According to a recent annual survey made public by Rhode Island health officials Rhode Islanders use marijuana and illicit drugs at the highest rates in the nation. In the survey, Rhode Island actually edged out Colorado, which has legalized marijuana use and became…
According to a recent decision by the United States District Court for the Eastern District of California. employees subject to U.S. Department of Transportation (“DOT”) drug and alcohol testing regulations may have limited privacy interests in their…
According to the 6th U.S. Circuit Court of Appeals, an employer’s policy of drug testing all employees for prescription drugs that are packaged with warnings about operating machinery may not constitute an improper medical examination or an improper disability…
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…
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…