A federal appeals court held on February 14, 2014 that an employer did not retaliate against an employee when it discharged him for refusing to submit to a drug test after he initiated the filing of a workers’ compensation claim. Phillips v. Continental Tire The Americas, LLC, No. 13-2199 (7th Cir. Feb. 14, 2014).
Colorado Supreme Court to Review “Lawful” Use of Medical Marijuana
The Colorado Supreme Court agreed on January 27, 2014 to review a case holding that an employer did not violate the state’s “legal activities” law when it dismissed an employee who used “medical marijuana” while off duty. Coats v. Dish Network, No. 13SC394 (CO. Jan. 27, 2014). For a detailed discussion of the facts
Top Ten Ways Employers Run Afoul of Minnesota’s Drug and Alcohol Testing Statute
Minnesota has a uniquely complicated statute governing drug and alcohol testing in the workplace. Minn. Stat. Section 181.950-957. The statute can be a surprise for out of state employers with employees in Minnesota, as well as Minnesota-based companies. And non-compliance can be expensive. Employees who are tested in violation of the statutory requirements can potentially
Department of Transportation Announces 2014 Random Testing Rates
The United States Department of Transportation (“DOT”)’s Office of Drug and Alcohol Policy and Compliance announced on December 5, 2013 the annual minimum drug and alcohol random testing rates for 2014 for employers regulated by each DOT operating agency:
Employers subject to more than one DOT Agency drug and alcohol testing rule may continue to
Employee Who Was Discharged After Failing To Disclose Criminal Convictions For Drug Possession Was Not “Regarded As Disabled”
A mental health worker at a drug addiction treatment center was not “regarded as disabled” by his employer when he was discharged for failing to disclose three felony cocaine possession convictions on his employment application, a federal court in North Carolina has held. Rocha v. Coastal Carolina Neuropsychiatric Crisis Servs., P.A., No. 7:12-CV-2-D (E.D.N.C.
FDA Announces Intent to Recommend Reclassification of Hydrocodone
The U.S. Food and Drug Administration announced on October 24, 2013 that it intends to recommend that products containing hydrocodone should be reclassified from Schedule III to Schedule II of the federal Controlled Substances Act, to increase controls on the use and misuse of opioid products. Hydrocodone is a narcotic pain reliever that is found
Employee Using Prescription Medications Could Not Refuse Drug Test Under Theory That Employer “Knew” He Would Refuse
An Iowa appellate court reversed an award of damages to an employee under the Americans with Disabilities Act (“ADA”) after the employee was discharged for refusing to submit to a post-accident drug test. Phillip M. Brown v. Mystique Casino, No. 3-723, 13-0012 (Iowa App. Oct. 2, 2013).
The employee had taken a number
DOT Driver Eligible for Unemployment Benefits Where MRO Did Not Offer Split-Specimen Test
A Pennsylvania court has upheld a commercial motor vehicle driver’s eligibility to receive unemployment benefits where the Medical Review Officer (“MRO”) did not advise the driver of his right to request a split-specimen test, as required under the Federal Motor Carrier Safety Administration’s (“FMCSA”) regulations. Carlisle Carrier Corporation v. Unemployment Compensation Board of Review
National Drug Abuse Survey: Workplace Abuse Persists; Marijuana, Heroin Use Gain
The Government’s Results from the 2012 National Survey on Drug Use and Health: Summary of National Findings and Detailed Tables, finds that 8.9 percent of full-time employees and 12.5 percent of part-time employees, 18 years of age and older, are current illicit drug users, while 18.1 percent of unemployed adults in that age group
New York Doctors Required to Consult Database Before Prescribing Certain Drugs
Last year New York became the first state to enact a law mandating that doctors and pharmacists track patients’ prescription medication history. The tracking system, known as I-STOP – Internet System for Tracking Over-Prescribing – went into full effect on August 27, 2013, and now requires doctors to consult a database of a patient’s prescription