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
WEBINAR: Medical and Recreational Marijuana In The Workplace: Must Employers Allow It?
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
Oregon, Alaska and D.C. Legalize Recreational Marijuana
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
Federal Court Finds New York City Not Required To Compensate Employees For Time Spent In Alcohol Rehabilitation
U.S. Department of Transportation Issues Reminder to Medical Review Officers Concerning Employees’ Use of Prescription Medications
The U.S. Department of Transportation (DOT) issued on September 30, 2014 a reminder to Medical Review Officers (MROs) concerning transportation employees’ use of prescription medications. Specifically, the reminder addressed the process to be followed when verifying drug test results of employees who use prescription medications, as well as the MRO’s obligation to raise fitness-for-duty concerns
Prohibiting Off-Duty Alcohol Consumption by Alcoholic Employees Violates ADA, Says EEOC
Blanket policies prohibiting alcoholic employees from consuming alcohol permanently – whether on-duty or off-duty – violate the Americans with Disabilities Act (ADA), according to the Equal Employment Opportunity Commission (EEOC) in an informal discussion letter dated August 28, 2014.
The representative of a union whose members are employed by a public utility that operates nuclear
Workplace Positive Drug Test Rates Are Increasing; Marijuana Use Surging in Colorado and Washington, New Study Shows
A new study published by Quest Diagnostics reported an increase in the workforce drug test positivity rate for the first time in ten years, fueled primarily by marijuana and amphetamines. The Quest Drug Testing Index (DTI) released on September 11, 2014 also showed a large increase in positive marijuana test results in Colorado and Washington,
Drug Test Triggered by Discovery of Drug Paraphernalia Did Not Violate Public Employee’s Fourth Amendment Rights
A “reasonable suspicion” drug test triggered by an employer’s discovery of apparent drug paraphernalia did not violate a public employee’s Fourth Amendment rights to be free from unreasonable searches and seizures, a court in Arkansas has held. Brotherton v. Hill, No. 4:12-cv-534 (E.D Ark. Sept. 4, 2014).
Brotherton worked as a boiler operator at the
Employer Gets New Trial to Prove Drug Tests Were Not Medical Examinations or Disability-Related Inquiries
A Tennessee auto glass manufacturer will get a new trial to prove that drug tests it administered to its employees – including tests for prescription medications — were not “medical examinations” or “disability-related inquiries” under the Americans with Disabilities Act. Bates v. Dura Automotive Systems, Inc., No. 11-6088 (6th Cir. August 26, 2014).
In
Minnesota Drug Testing Law Does Not Apply to Employees Working Outside Minnesota
A federal court in Minnesota has ruled that Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat. Sections 950-957, does not apply to employees who work or are applying to work outside the state of Minnesota. Olson v. Push, Inc., No. 14-1163 (ADM/JJK) (D. Minn. Aug. 19, 2014). In Olson, the