Developments in Regulating Workplace Drug and Alcohol Testing
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)…
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 |
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. …
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 …
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…
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…
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 …
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…
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…
The U.S. Department of Justice (DOJ) published guidance on April 5, 2022 explaining how The Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those who take prescription medications as part of that treatment.
The guidance states that individuals in treatment or recovery from opioid…
