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).…

Famous third baseman Alex Rodriguez is suing over an arbitration decision suspending him from major league baseball for the entire 2014 season for using performance-enhancing drugs. His chances of overturning the arbitration award are examined by our colleagues Steven S. Goodman, Gregg E. Clifton, and Philip B. Rosen in this article: A-Rod: A Tough Road …

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…

Considering when a drug test by a public employer may constitute an “unreasonable” search for Fourth Amendment purposes, a U.S. District Court in Florida also has shed light on private sector substance abuse testing that could lack “reasonable suspicion” or “cause.”  There was no factual record on which the court relied.  Hudson v. City of…

A health care clinic did not breach the implied covenant of good faith and fair dealing under Alaska law for terminating an employee for allegedly falsifying prescription drug records, the Alaska Supreme Court has ruled. Beach v. Handforth-Kome, No. 6845 (Alaska Nov. 29, 2013). For details, please see Employer Properly Terminated Employee for …

Quest Diagnostics’ 25^th Anniversary Drug Testing Index reports a deep drop in drug use among American workers in the quarter century the Index has been published.  Based on over 125 urinalysis drug tests, the laboratory network and provider of diagnostic information said use had plummeted 75% since its data assessment initiative began shortly after …

Employers who desire to test their employees, particularly when conducting on-site testing using specimens other than urine, should consider the New York Court of Appeals’ 4-3 decision allowing subjects of drug tests to sue laboratories for “negligent testing.” Landon v. Kroll Laboratory Specialists Inc., 2013 NY Slip Op 6597 (Oct. 10, 2013), illustrates risks …

The Minnesota Supreme Court has ruled that a claim for wrongful discharge under Minnesota’s Drug and Alcohol Testing in the Workplace Act (“DATWA”) is subject to a six year statute of limitations.  Because DATWA, codified at Minn. Stat. Section 181.951 et seq., does not contain an explicit limitations provision, the applicable limitations period has long…