The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make...more
7/31/2025
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Burden of Proof ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
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State Labor Laws ,
Workplace Safety
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...more
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...more
Montana Governor Greg Gianforte signed legislation on May 18, 2021 that will provide protections for off-duty use of marijuana starting on January 1, 2022.
Montana citizens voted to legalize recreational marijuana in...more
2021 has brought a flurry of activity surrounding marijuana laws, particularly recreational marijuana use. The number of states approving recreational marijuana continues to grow...more
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...more
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...more
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...more
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...more
The U.S. Department of Transportation’s (“DOT”) Office of Drug and Alcohol Policy Compliance (“ODAPC”) has again extended its April 4, 2020 Statement of Enforcement Discretion for Substance Abuse Professionals and Service...more
According to a new Quest Diagnostics study, employers saw the highest rate of positive workforce drug test results since 2003. As expected, marijuana was the most detected drug, including in states where marijuana remains...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid...more
Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause...more
2020 is on the horizon, and employers must be ready to comply with many new developments in the world of workplace drug and alcohol testing. Here is a summary of significant laws that will take effect in 2020 (and some that...more
A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or...more
A police officer who disclosed his Adderall prescription to his supervisor was unable to state a claim for discrimination based on an actual or perceived disability under the Americans with Disabilities Act or Pennsylvania...more
Beginning July 1, 2018, private employers in Iowa may take action based on an employee’s alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. The lower standard was enacted under a 2018 amendment...more
Although Iowa’s drug testing statute was enacted more than 30 years ago, it is still considered one of the most difficult laws in the country for purposes of employer compliance. The 10-page law includes provisions addressing...more
An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans...more
An employer that refused to hire an applicant based on a positive pre-employment drug test was entitled to summary judgment on the applicant’s race discrimination and civil conspiracy claims despite the applicant’s argument...more
A municipal employer that conducted hair follicle drug testing on police officers was not entitled to summary judgment on a Title VII disparate impact claim, because a reasonable jury could conclude that an alternative to...more