Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Category Archives: Drug Testing

Subscribe to Drug Testing RSS Feed

Thinking out loud about medical marijuana and reasonable accommodation

Posted in Drug Testing
(When I think out loud, beware.) Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the… Continue Reading

Weekly catch-up

Posted in Class actions, Drug Testing, FOCUS, Immigration, Labor Relations, Paid Leave, Politics, Safety, Social media, Uncategorized
Supreme Court agrees to review “travel ban” cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the preliminary injunctions against the “travel ban” issued in March should be stayed. What that means is that the travel… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Drug Testing, FOCUS, Labor Relations, Politics
The November-December edition of Constangy’s Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor’s overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez’s run for chair of the… Continue Reading

BREAKING: FMCSA announces national drug and alcohol testing clearinghouse for commercial truck, bus drivers

Posted in Drug Testing, Transportation Industry
As we expected here and here, the day has finally come. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced Friday that it had issued a Final Rule establishing a drug and alcohol clearinghouse for holders of commercial drivers’ licenses. The effective date of the Final Rule is January 6, 2017, but transportation employers… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Drug Testing, FOCUS, Immigration, Safety
The November edition of ConstangyTV’s Close-Up on Workplace Law tackles workplace holiday parties, the legal risks, and how to minimize those risks. Host Leigh Tyson interviews Gary Wheeler of our Jacksonville Office about what employers should and shouldn’t do. If you haven’t already done so, please subscribe to our YouTube channel. The new, improved I-9 form. Elizabeth… Continue Reading

Enforcement date of OSHA rule delayed again — until December 1

Posted in Drug Testing, Retaliation, Safety, Workers' Compensation
The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new “Reasonable Reporting Procedure” rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1. The rule was scheduled to take effect on August 10, and then OSHA extended… Continue Reading

Final rule on FMCSA drug and alcohol clearinghouse will be out before end of October

Posted in Drug Testing, Transportation Industry
A national database of truck drivers who have failed drug or alcohol tests, or refused to take them, will soon be a reality. That’s according to Juan Moya, Program Manager for the Drug and Alcohol Program of the Federal Motor Carrier Safety Administration, who spoke this week at a conference of the Substance Abuse Program… Continue Reading

Light reading for your Fourth of July weekend

Posted in Constangy News, Discrimination, Drug Testing, FOCUS, Gender Identity Discrimination, Labor Relations, Lawyers!, Retaliation, Safety
Well, maybe not light reading, but good reading about good news that you won’t want to miss! Here are our bulletins and other publications from the last week, in case you missed them: *Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women’s leadership blog because our firm was named this week by the National… Continue Reading

Drive carefully! Mandatory random substance abuse testing of truck drivers to be cut in half

Posted in Drug Testing, Transportation Industry
The U.S. Federal Motor Carrier Safety Administration of the Department of Transportation announced yesterday that it is reducing by half the minimum percentage of drivers who must be randomly tested for controlled substances. The change will take effect January 1. Currently, employers are required to test at least 50 percent of their average number of commercial motor… Continue Reading

Despite “legal pot” laws, employers still hanging tough

Posted in Drug Testing
What effect are liberalized marijuana laws having on employer drug policies? Maybe not as much as you’d think. The Society for Human Resources Management just came out with a survey of employer marijuana policies in states that have legalized it in some degree. Here are some highlights from the SHRM study: *Of 224 employers who have operations… Continue Reading

Mary Jane has come a long way, baby

Posted in Drug Testing
In California, marijuana has gone from being an illegal drug to being big business. Last week Governor Jerry Brown signed into law three pieces of legislation (AB 243, AB 266, and SB 643) aimed at regulating the $1.3 billion medical marijuana industry in the state. The legislation, collectively called the Medical Marijuana Regulation and Safety… Continue Reading

Probability, manipulation, and random drug testing

Posted in Discrimination, Drug Testing
Is that “random” drug test selection really random? Many employers — particularly, those in the transportation industry — use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it’s a great idea, because it prevents employees from claiming that they were selected for “random” testing in a not-very-random… Continue Reading

“State of the Union” on substance abuse and the workplace

Posted in Americans with Disabilities Act, Drug Testing, Family and Medical Leave Act, Safety, Transportation Industry
Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes. ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit… Continue Reading

Another employer pays for “Sorry, I can’t go”

Posted in Americans with Disabilities Act, Discrimination, Drug Testing, Transportation Industry
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs. The candidate had end-stage renal disease. Now, Kmart has… Continue Reading

15 for ’15: Employment and labor resolutions for the new year

Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office. While the year is still young, here are 15 New Year’s resolutions that employers may want to make: 1. Make sure your “independent contractors” are really independent contractors. “Independent contractors” are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state… Continue Reading

Medical marijuana and the workplace — another lawsuit filed

Posted in Drug Testing
As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island. The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she… Continue Reading

Wal-mart, EEOC reach accord in drug test “accommodation” lawsuit

Posted in Americans with Disabilities Act, Drug Testing, Transportation Industry
Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test. According to the U.S. Equal Employment Opportunity Commission, Ms. Jones told an assistant store manager that she had end stage renal cancer, which prevented her from taking a urine… Continue Reading

Which drug-testing law applies? Who knows?

Posted in Drug Testing
This drug-testing case would make a great law school final exam. Shawn Olson of Minnesota was offered a job in West Virginia by Push, Inc., a company based in Wisconsin. Mr. Olson was asked to complete a pre-hire drug test, which was originally going to be performed in Push’s state of Wisconsin. However, for Mr.… Continue Reading

Employment law BELIEVE IT OR NOT!

Posted in Discrimination, Drug Testing, Pregnancy
Oddities, weirdness, and the strange and unusual from the world of employment law. I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may… Continue Reading