An employer’s failure to notify an employee of the cost of a confirmatory re-test of his original drug test specimen is a violation of the Iowa drug testing law.  Woods v. Charles Gabus Ford, Inc., Case No. 19-0002 (Iowa June 25, 2021).

The Iowa drug testing statute imposes many requirements on employers, including an

A Missouri-based manufacturer of animal pharmaceuticals had just cause to terminate a 37-year employee who tested positive for marijuana despite the union’s argument that the employee’s personal use of CBD oil and marijuana did not cause impairment at work.  Virbac Corporation and International Brotherhood of Electrical Workers, Local 1, (January 10, 2020) (Horn, Arb.)

A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss.   Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021).

The employer terminated the employee’s employment after she tested positive for marijuana

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk.  Beal v. Muncie Sanitary District, Case No. 1:19-cv-01506 (S.D. Ind.

A Washington appellate court upheld a jury’s verdict that an employer’s drug testing protocol requiring direct observation of urine collections did not invade an employee’s privacy and did not constitute a constructive discharge.  Ritchey v. Sound Recovery Centers, LLC, No. 53303-1-II (Wash. Ct. App. Oct. 20, 2020).

The employee, a licensed chemical dependency counselor,

A strong odor of marijuana was sufficient to constitute reasonable suspicion to test, and a positive drug test result constituted just cause for a ten-day suspension, an arbitrator ruled in denying an employee’s grievance.  ZF Active and Passive Safety and UAW, Local 1181, 20-2 ARB ¶ 7646 (Mar. 17, 2020).

The union and the

A Pennsylvania federal court refused to dismiss an employee’s claim for violation of the Pennsylvania Medical Marijuana Act (MMA), reasoning that the Pennsylvania Supreme Court is likely to recognize a private cause of action under the MMA.  Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Sept. 25, 2020). The court’s

The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have been attributable to pain or other things. Colpitts v. W.B. Mason Co., Inc., No. 2018-337-Appeal (R.I. May 29, 2020).

A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for marijuana. Washington Health System v. Unemployment Compensation Board of Review, No. 886 C.D. 2019 (May 11, 2020).

The Claimant was employed as a

A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision. Gordon v. Consolidated Edison, Inc., Index No. 152944/2019 (Sup. Ct. NY County Apr. 21, 2020).

Kathleen Gordon was subjected to a