We previously blogged about the law passed by the New York City Council on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. Because the law was not signed or vetoed by Mayor de Blasio within 30 days of passage, it became law on May 10, 2019. The law provides
FMCSA Clearinghouse Rules Take Effect On January 6, 2020: Are You Ready?
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s Clearinghouse will become operational on January 6, 2020, and FMCSA-regulated employers must be ready to comply with the Clearinghouse requirements on that date. The FMCSA Clearinghouse is an electronic database that will contain information about commercial motor vehicle drivers’ drug and alcohol program violations. Although
New Mexico Amends Medical Marijuana Law To Provide Employment Protections
The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. The amendments were signed into law by the governor on April 4, 2019.
The law now provides that “unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law
New York City Will Ban Pre-Employment Marijuana Testing in 2020
The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. The law is expected to be signed by the mayor and will take effect one year later. This law is the first of its kind in the United States.
The new law
DOT-Regulated Truck Driver’s Claims Dismissed Because He Could Not Prove “Shy Bladder” Condition
An employer lawfully terminated a commercial motor vehicle driver after the driver was unable to provide a sufficient amount of urine during a random drug test and could not prove that he had a medical condition that would have prevented him from providing the specimen. Beller v. Wal-Mart Transp., LLC, No. 17-cv-530, 2019 U.S.
Medical Marijuana Users May Not Be Discriminated Against In New Jersey
A New Jersey appellate court has held that a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana. Wild v. Carriage Funeral Holdings, Inc., et al., Docket No. A-3072-17T3 (N.J. App. Div. Mar. 27, 2019). Although the
Possession Of A Medical Marijuana Card Alone Does Not Prove Marijuana Use, Appeals Court Holds
The Ninth Circuit Court of Appeals refused to dismiss a medical marijuana-using applicant’s disability discrimination claim because he did not state that he actually used marijuana at the time of his interview — even though he provided a copy of his medical marijuana card – and was not subjected to a drug test. Kamakeeaina v.
Drug Testing Laboratories May Be Sued For Negligence In South Carolina
The South Carolina Supreme Court held that laboratories who perform workplace drug tests on behalf of employers owe a duty of care to the individuals who are tested and may be sued for negligence for failing to properly and accurately perform the drug tests and report the results. Shaw v. Psychemedics Corp., App. Case
Oklahoma “Unity Bill” Clarifies Medical Marijuana Law, Includes Provisions Helpful To Employers
The Oklahoma Medical Marijuana and Patient Protection Act was signed into law by Oklahoma Governor Stitt on March 14, 2019. Better known as the medical marijuana “Unity Bill,” the law clarifies certain regulatory aspects of the state’s existing medical marijuana law, and includes certain provisions that will be helpful to Oklahoma employers. The law will
FTA and USCG Raise Random Drug Testing Rates to 50% for 2019
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2019. The Federal Transit Administration and the United States Coast Guard have raised their random drug testing rates to 50% for 2019. All other random testing rates remain unchanged from 2018.
| Agency | 2019 Random Drug Testing Rate | 2019 |