A U.S. District Court in Minnesota ruled that federal drug testing regulations preempt the state’s Drug and AlcoholTesting in the Workplace Act (DATWA) for safety-sensitive positions. The case involved an employee who wasterminated after failing a random drug…
Posts by Category: Minnesota
Minnesota Drug Testing Law Applies Where Minnesota Resident Was Hired To Work In Another State
A federal appeals court has held that the Minnesota drug testing statute applies to an applicant tested in Minnesota, even though the applicant was being hired for a job in another state. Push, Inc., a Wisconsin corporation, hired Olson, a Minnesota resident, for a…
Minnesota Court of Appeals Provides Helpful Roadmap for Employers Who Conduct Drug Testing
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…
New Minnesota Expungement Law Helps Protect Employers from Liability
A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides that such records “may not be…
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…
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….
Will Minnesota’s New Medical Marijuana Law Leave Employers High and Dry?
Minnesota became the 22nd state to legalize medical marijuana use and, as part of the new law, to enact new potential employment protections for registered users of medical marijuana. Minnesota’s new marijuana law has already gone into effect, but distribution…
New Minnesota Medical Cannabis Law Protects Employees From Discrimination for Medical Marijuana Use
Minnesota’s new Medical Cannabis Act differs from many other state medical marijuana laws in that it narrows the kind of medical cannabis permitted. It also offers considerable protections to applicants and employees in the workplace. The law does not cover…
Top Ten Ways Employers Run Afoul of Minnesota’s Drug And Alcohol Testing Statute
Minnesota has a uniquely complicated statute governing drug and alcohol testing in the workplace. Minn. Stat. Section 181.950-957. The statute can be a surprise for out of state employers with employees in Minnesota, as well as Minnesota-based companies. And…