The Minnesota Supreme Court has ruled that a claim for wrongful discharge under Minnesota’s Drug and Alcohol Testing in the Workplace Act (“DATWA”) is subject to a six year statute of limitations.  Because DATWA, codified at Minn. Stat. Section 181.951 et seq., does not contain an explicit limitations provision, the applicable limitations period has long been uncertain. In Sipe v. STS Manufacturing, Inc., No. A11-2082 (July 31, 2013), the Court ruled that claims under DATWA  fall under the state’s six-year statute of limitations for actions, “upon a liability created by a statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07.” The Court held that the exception provided in section 541.07 of Minnesota statutes, which would have resulted in a two-year limitation period, did not apply, thereby overruling a decision from the Minnesota Court of Appeals.

The decision is important for employers doing business in Minnesota because it increases exposure for lawsuits under DATWA. Compliance with Minnesota’s drug and alcohol testing requirements is already very difficult. Employers must have a written policy in place that meets strict criteria. The law also provides that employees who test positive for drugs or alcohol for the first time must be allowed to attend treatment and to return to work if they successfully complete a treatment program.  Damages for technical non-compliance can include lost wages, reinstatement, emotional distress, attorney’s fees and punitive damages. Employers in Minnesota should take this occasion to review their drug and alcohol testing policies and procedures for compliance. 

 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Kathryn J. Russo Kathryn J. Russo

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as…

Kathryn J. Russo is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws, as well as substance abuse management and marijuana laws’ impact on employers.

Kathryn helps clients navigate workplace problems involving drugs and alcohol. She regularly works with corporate counsel and human resources executives to develop substance abuse policies to comply with federal drug and alcohol testing regulations (including all agencies of the U.S. Department of Transportation), as well as state and local drug and alcohol testing laws and marijuana laws in all 50 states. In addition, she defends employers in litigation where drug and alcohol test results are at issue, and frequently conducts “reasonable suspicion” training for employers in connection with their substance abuse policies. Kathryn also advises employers on leave and disability management issues arising when employees seek leave or other accommodations related to substance abuse rehabilitation.