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Some 23 states have legalized medical marijuana, four plus the District of Columbia have legalized the drug for recreational use. This growth in the marijuana industry creates two sets of problems for employers: increased marijuana use – and all the costs this…
Nevada’s medical marijuana law, Nevada SB 374, explicitly states that it does not “require any employer to allow the medical use of marijuana in the workplace.” However, the law further states that it does not “require an employer to modify the…
Drug use among American workers declined dramatically over the past 25 years, although the rate of positive test results for certain drugs, including amphetamine and opiates, continues to climb, according to a landmark analysis of workplace drug test results released…
Pre-offer drug tests to determine the use of both legal and illegal drugs violated the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on March 6, 2014. EEOC v. Grane Healthcare Co. and Ebensburg…
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug testing does not necessarily translate to…
Over the years, most employers have implemented policies that prohibit the use of illegal drugs during work hours or while on work-related business. Many other employers have made drug testing part of the standard onboarding process for all new employees. With the…
On February 12th, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced a Notice of Proposed Rulemaking (“NPRM”) to establish a national drug and alcohol clearinghouse for commercial…
A bill introduced February 18, 2014 in the U.S. House of Representatives would require registered manufacturers and distributors of controlled substances identified under the Controlled Substances Act to perform criminal background checks and drug testing for…
The first law in the nation to require the widespread drug testing of health care employees may be on its way to passage, as the New Hampshire House of Representatives has passed by a vote of 289-48, without debate, “An Act relative to the drug-free workplaces…
The Colorado Supreme Court agreed on January 27, 2014 to review a case holding that an employer did not violate the state’s “legal activities” law when it dismissed an employee who used “medical marijuana” while off duty. Coats v. Dish…