A recent Iowa court decision highlights the risks to employers who do not strictly comply with all facets of the state’s drug testing law, Iowa Code Section 730.5, which is one of the nation’s most technical drug testing laws. Scott Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599
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.
DOT Random Drug and Alcohol Testing Rates for 2024
Happy New Year! The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2024. These rates are the annual minimum drug and alcohol random testing rates. The rates are the same as the 2023 rates.
Agency | 2024 Random Drug Testing Rate | 2024 Random Alcohol Testing Rate |
Federal Aviation Administration |
Biden Administration Announces Toolkit For “Recovery Ready Workplaces”
The Biden Administration has released a Recovery-Ready Workplace Toolkit: Guidance and Resources for Private and Public Sector Employers. The Toolkit is part of Administration’s efforts to beat the opioid epidemic. It provides information, tools, and resources to help employers effectively prevent and respond to substance misuse in the workforce and reduce its impact on…
New Marijuana Laws Take Effect in California and Washington on January 1, 2024
The new year is approaching quickly and employers must get ready for the new marijuana laws that will take effect in California and Washington. These laws are very different from other states’ marijuana laws. In our firm’s latest “We Get Work” podcast, Catherine Cano and I discuss what employers need to know about these laws. …
Ohio Passes Recreational Marijuana Law: What Employers Should Know
Joining 23 other states, Ohio has passed a recreational marijuana law. On November 7, 2023, Ohioans voted to pass an initiative legalizing and regulating the cultivation, sale, purchase, possession, use, and home growth of recreational marijuana. The new law does not require an employer to “accommodate an employee’s use, possession, or distribution of adult use…
California Bans Inquiries About Applicant Cannabis Use
On October 7, 2023 Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history.
However, SB 700 does not preempt state…
U.S. Department of Transportation Allows Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published new regulations in the Federal Register on May 2, 2023 that will allow covered employers to use oral fluid testing for drugs. While the new rules technically become effective on June 1, 2023, employers may not conduct oral fluid testing until the U.S. Department of Health and Human…
Washington State to Bar Employers From Relying on Off-Duty Use of Marijuana in Hiring Decisions
The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.
Noting that recreational…
Delaware Legalizes Recreational Marijuana
Delaware became the latest state to legalize recreational marijuana on April 23, 2023 when the state’s Governor failed to veto two bills that allow for the legalization of marijuana, effective immediately. Individuals who are 21 years of age and older may possess and use up to one ounce of marijuana. It will be taxed in…
What New York Employers Need to Know About Marijuana Two Years After Legalization
It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated). Because many employers still are confused about what New York law requires, here is a recap:
All Off-Duty Use of …