The Maine Department of Labor announced July 29, 2014 that it seeks the input of Maine businesses and other organizations regarding the current state law governing drug and alcohol testing in the workplace. Businesses interested in participating in the survey must contact the department to receive a survey invitation; invitations are limited to one per
New York Becomes 23rd State to Enact Medical Marijuana Law
The Governor of New York signed on July 7 New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana.
Under the law, no more than five private organizations in the state will
Alcoholic DOT Driver Could Not Prevail on ADA or FMLA Claims Against His Employer
A federal appeals court has upheld the dismissal of a commercial motor vehicle driver’s claims that his employer violated the Americans With Disabilities Act and the Family and Medical Leave Act when it fired him after learning of his alcoholism. Sakari Jarvela v. Crete Carrier Corporation, Case No. 13-11601 (11th Cir. June 18,
New Minnesota Medical Cannabis Law Protects Employees From Discrimination For Medical Marijuana Use
Minnesota’s new Medical Cannabis Act, signed into law on May 29, 2014, differs from many other state medical marijuana laws in that it narrows the kind of medical cannabis permitted. It also offers considerable protections to applicants and employees in the workplace.
The law does not cover marijuana that can be smoked. It defines “medical
Court Affirms Workers’ Compensation Determination Requiring Employer To Reimburse Employee for Costs of Medical Marijuana
A New Mexico intermediate appellate court has affirmed a workers’ compensation judge’s determination that an employer and its workers’ compensation carrier are required to reimburse an employee for costs associated with the purchase of medical marijuana. Vialpando v. Ben’s Auto. Servs. and Redwood Fire & Casualty, 2014-NMCA-32,920 (N.M. Court of Appeals, May 19, 2014).
West Virginia Mining Employers Must Report Positive Drug and Alcohol Test Results, And Refusals to Test
West Virginia Governor Earl Ray Tomblin signed into law March 28, 2014 an amendment to the West Virginia Code requiring mandatory employer reporting to the West Virginia Office of Miners’ Health, Safety and Training (“OMHST”) whenever an applicant or employee, working in a safety-sensitive mining position, tests positive on a drug or alcohol test or
Public Employer Could Not Subject Applicant to Pre-Employment Drug Test, Court Holds
A federal court in Florida has held that the City of Key West’s policy of drug testing all applicants for employment was applied to an applicant in an unconstitutional manner. Karen Cabanas Voss v. City of Key West, Case No. 13-10106-CV-King (S.D. Fla. May 9, 2014).
The City of Key West conducts drug testing of
Nevada’s Medical Marijuana Law Takes Effect April 1, 2014
Nevada’s medical marijuana law, Nevada SB 374, takes effect on April 1, 2014. What does the law mean for Nevada employers? The law explicitly states that it does not “require any employer to allow the medical use of marijuana in the workplace.” However, the law further states that it does not “require an employer to
Pre-Offer Drug Tests Violated Americans with Disabilities Act
Pre-offer drug tests to determine the use of both legal and illegal drugs violated the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on March 6, 2014. EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center, CV No. 3:10-250 (W. Dist. Pa.
U.S. Department of Transportation Proposes Clearinghouse of Commercial Drivers’ Drug and Alcohol History
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced February 12, 2014 a proposed rule to establish a federal Clearinghouse of drug and alcohol test result information for holders of commercial drivers’ licenses. The primary purpose of the Clearinghouse is to assist FMCSA-regulated employers in screening applicants during the hiring process. Under current