Photo of 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 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.

The New York Times reported on April 18, 2015 that employees increasingly are abusing stimulants used to treat attention deficit hyperactivity disorder to be more productive at work.

Prescription stimulants have a calming and “focusing” effect on individuals with A.D.H.D., a disorder marked by severe impulsivity and inattention. The Times article stated that while reliable

The Department of Transportation published a final rule in the Federal Register effective April 13, 2015 concerning the use of the electronic version of the Federal Drug Testing Custody and Control Form (eCCF).

The final rule allows DOT-regulated employers, collectors, laboratories and medical review officers to use the electronic version of the Federal Drug Testing

A tip regarding employee on-the-job drug use by an unidentified source, relayed second-hand by a news reporter, is insufficient to establish individualized reasonable suspicion (required under the Fourth Amendment) to require a public employee to submit to a drug test, according to a recent decision by the United States District Court for the Eastern District

A federal district court dismissed the discrimination claims of an alcoholic individual who claimed that his former employer refused to rehire him after he completed alcohol rehabilitation. Alexander v. Washington Metropolitan Area Transit Authority, No. 12-cv-1959 (D.D.C. March 10, 2015).

Alexander was a former employee of the Washington Metropolitan Area Transit Authority (“WMATA”) who suffered

Buried in the $1.1 trillion federal spending bill for 2015 — which Congress approved last weekend and which President Obama signed into law on December 16, 2014 — is a measure stating that federal funds may not be used by the U.S. Department of Justice (DOJ) to prevent certain states from implementing medical marijuana laws. 

An employee’s admission of off-duty marijuana use was not “misconduct” sufficient to deny unemployment benefits, even if it may have been a sufficient reason for his discharge, according to an Illinois appellate court.  Eastham v. The Housing Authority of Jefferson County, No. 09-MR-57 (Ill. App. Ct. 5th Dist. Dec. 2, 2014).

Eastham worked for

Minnesota Vikings running back Adrian Peterson, who recently was booked on felony child abuse charges in Montgomery County, Texas, reportedly admitted that he “smoked a little weed” in violation of the conditions of his bond, which required drug testing. While giving a urine sample last month, he allegedly told an employee of the testing company

Election Day 2014 saw Oregon, Alaska and the District of Columbia pass laws legalizing recreational marijuana.  Almost half the states in this country have laws permitting medical marijuana.  As state and local marijuana laws continue to proliferate, join us for an informative and timely 60-minute webinar addressing critical questions for employers, including:

  • How do these

Voters in Oregon, Alaska and the District of Columbia approved laws legalizing recreational marijuana yesterday.  Colorado and Washington first passed such laws in 2012.

Laws legalizing recreational marijuana reflect a growing acceptance of marijuana use by the American public as well as the federal government’s current position (since mid-2013) not to oppose state laws permitting