Today, OSHA’s final electronic recordkeeping rule, “Improve Tracking of Workplace Injuries and Illnesses,” was published in the Federal Register. A detailed discussion of the rule can be found here on our OSHA Law Blog. In the final rule OSHA states that “blanket post-injury drug testing policies deter proper reporting” and concludes that:
“the final
Pennsylvania Governor Tom Wolf signed legislation that legalizes the use of marijuana for medicinal uses on April 17, 2016. The new law, Senate Bill 3, known as “The Medical Marijuana Act” permits patients suffering from ALS, autism, cancer, Crohn’s disease, nerve damage, epilepsy, glaucoma, HIV/AIDS, Huntington’s Disease, inflammatory bowel syndrome, intractable seizures, multiple sclerosis,
The Rhode Island Supreme Court has held that a three-year statute of limitations applies to claims alleging violations of the employer drug testing statute in that state. Goddard v. APG Sec.-RI, LLC, No. 2014-239-Appeal (R.I. Mar. 7, 2016).
Rhode Island’s employer drug testing statute provides employees with a right to be free from drug
A federal appeals court in Minnesota 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. Olson v. Push, Inc., No. 14-3160 (8th Cir. Feb. 22, 2016).
Push, Inc., a Wisconsin corporation, hired Olson, a
The U.S. Supreme Court denied a motion filed by the states of Nebraska and Oklahoma for leave to file a complaint against the state of Colorado, challenging that State’s legalization of marijuana. The Supreme Court denied the motion without opinion or explanation on March 21, 2016.
In December 2014, Nebraska and Oklahoma moved for leave
With the beginning of a new year, it is time to make resolutions and review old, outdated workplace policies. Employers who conduct drug and alcohol testing should consider updating their drug and alcohol policies in 2016, particularly if they have not done so in several years. Here are the top 10 reasons why:
The U.S. Solicitor General filed a brief in the U.S. Supreme Court December 16, 2015 opposing Nebraska and Oklahoma’s challenge to Colorado’s legalization of marijuana. Last December, the states of Nebraska and Oklahoma filed a motion in the U.S. Supreme Court seeking permission to file suit against the state of Colorado, arguing that Colorado’s legalization
President Obama signed the Fixing America’s Surface Transportation (FAST) Act on December 4, 2015, a law that funds improvements to the nation’s roads, bridges, transit systems, and rail transportation network for a period of five years.
Among other things, the FAST Act directs the U.S. Department of Health and Human Services (DHHS) to issue scientific
An employee who took time off under the Family and Medical Leave Act (“FMLA”) and then proceeded to become highly intoxicated –resulting in his arrest for driving while intoxicated—could not show that his termination constituted FMLA interference, FMLA retaliation or a violation of the Americans with Disabilities Act. Capps v. Mondelez Global LLC, Case No.
A deaf employee who tested positive for hydrocodone – but could not produce a prescription for the drug – was not discriminated against due to his disability when his employer fired him. Phillips v. PPG Industries, Inc., Case No. 5:14-CV-1274 (N.D. Alabama Nov. 24, 2015).
Phillips was employed as a “finisher” in a manufacturing