The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be selected. Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599
Compliance Tip
Florida Employers Should Consider Accommodations for Off-Duty Use of Medical Marijuana, Court Rules
Florida law requires employers to consider accommodations for off-duty use of medical marijuana, a Florida state court has held and granted the plaintiff’s motion for summary judgment. Giambrone v. Hillsborough County, No. 20-CA-4719 (Fla. 13th Cir. Ct. Dec. 10, 2024).
The plaintiff, Angelo Giambrone, was employed by Hillsborough County as an emergency medical technician (EMT)…
DOT Random Drug and Alcohol Testing Rates for 2024
Happy New Year! The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2024. These rates are the annual minimum drug and alcohol random testing rates. The rates are the same as the 2023 rates.
Agency | 2024 Random Drug Testing Rate | 2024 Random Alcohol Testing Rate |
Federal Aviation Administration |
New Marijuana Laws Take Effect in California and Washington on January 1, 2024
The new year is approaching quickly and employers must get ready for the new marijuana laws that will take effect in California and Washington. These laws are very different from other states’ marijuana laws. In our firm’s latest “We Get Work” podcast, Catherine Cano and I discuss what employers need to know about these laws. …
District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13
The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibiting both possession and use of marijuana.
In addition to protections for private employees, the …
Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use
Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two pounds of cannabis flower in the individual’s private residence, among other things.
Minnesota has had a medical…
U.S. Department of Transportation Allows Oral Fluid Drug Testing
The U.S. Department of Transportation (DOT) published new regulations in the Federal Register on May 2, 2023 that will allow covered employers to use oral fluid testing for drugs. While the new rules technically become effective on June 1, 2023, employers may not conduct oral fluid testing until the U.S. Department of Health and Human…
What New York Employers Need to Know About Marijuana Two Years After Legalization
It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated). Because many employers still are confused about what New York law requires, here is a recap:
All Off-Duty Use of …
NJ Cannabis Regulatory Commission Publishes Guidance For Employers To Address Marijuana Impairment
The New Jersey Cannabis Regulatory Commission published guidance on September 9, 2022, for employers to address marijuana impairment in the workplace. The guidance does not, however, provide the long-awaited certification standards for Workplace Impairment Recognition Experts.
In February 2021, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), legalized adult use recreational…
DOT Proposes New Guidance For Medical Examiners To Address CBD Use By Commercial Motor Vehicle Drivers
The U.S. Department of Transportation, Federal Motor Carrier Safety Administration (FMCSA) published a proposed draft Medical Examiner’s Handbook (MEH), including updates to the Medical Advisory Criteria, in the Federal Register on August 16, 2022. The FMCSA’s regulations provide the basic driver physical qualification standards for commercial motor vehicle (CMV) drivers, in 49 CFR 391.41 through…