A recent federal district court case has determined that Connecticut employees who have been certified by the Department of Consumer Protection to use medical marijuana outside of work hours and are not impaired while at work are protected by state law. The state’s…
Posts by Category: Pre-employment Drug Testing
Texas Supreme Court Rejects Compelled Self-Publication Theory in Defamation Case
The Texas Supreme Court recently rejected the theory holding that an employee’s self-publication of defamatory statements cannot satisfy the publication element of a defamation claim. It further confirmed that there is no independent cause of action for compelled…
Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana
With more states passing laws allowing for marijuana use for medical and recreational reasons, the law regarding an employer’s responsibilities continue to evolve. In Pennsylvania, for instance, the statute lists specific areas in which employers may prohibit…
Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User
A customer service representative employed for 20 years in Washington was awarded more than $1.8 million in damages for the employer’s failure to accommodate her use of opioids that were prescribed to treat her migraines. A Washington federal district court confirmed…
Massachusetts High Court Reinstates Suit by Employee Fired for Off-Duty Medical Marijuana Use
The Massachusetts Supreme Judicial Court (SJC) reversed a lower court’s dismissal, determining that a woman’s claims for disability discrimination under the Massachusetts anti-discrimination statute could go forward. After accepting a job with Advantage Sales and…
Marijuana Trends Force Employers to Rethink Drug Testing Policies
With more and more employees testing positive for state-legalized marijuana, employers are encouraged to rethink testing and rewrite policies. Positive saliva and urine tests are climbing in both federally mandated, safety-sensitive workplaces, and general U.S….
In the Weeds: Florida Lawmakers Provide Medical Marijuana Guidance for the Workplace
There’s good news and bad news for employers after Florida Governor Rick Scott recently signed a medical marijuana bill into law that provides guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. In 2014, the governor…
A Painful Epidemic
According to the Centers for Disease Control and Prevention in Atlanta, opioid-related overdoses took the lives of 33,000 Americans in 2015. Driving the trend is a steep rise in the use of opioid painkillers, with 35 percent of American adults receiving prescriptions…
Legislators Finally Pass a Bill to Implement Florida’s Medical Marijuana Constitutional Amendment
The Florida Legislature passed a 78-page bill relating to medical use of marijuana. Under the new bill, a person must be a “qualified patient” – or diagnosed by a physician — or a caregiver,in order to use or handle medical marijuana. In addition, the Department…
Workplace Policies for Prescription Drugs
It is important for employers to include a Prescription Medication Disclosure provision in their workplace policy that is limited to those medications with impairing effects. For example, dura Automotive Systems implemented a new drug testing policy prohibiting…