The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022.
The new Chapter 9-4700 of the Philadelphia Code states that except...more
5/6/2021
/ Child Care ,
Drug Testing ,
Employment Policies ,
Federal Contractors ,
Health and Safety ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
New Regulations ,
Police ,
State and Local Government
The New Jersey Supreme Court ruled that an employer and its workers’ compensation carrier must reimburse an injured worker for his medical marijuana expenses. Hager v. M&K Construction, 2021 N.J. LEXIS 332 (N.J. April 13,...more
4/22/2021
/ Aiding and Abetting ,
Controlled Substances Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Marijuana ,
Medical Marijuana ,
NJ Supreme Court ,
Opioid ,
Reimbursements ,
State and Local Government ,
Workers' Compensation Claim
New York Governor Andrew Cuomo signed legislation legalizing recreational marijuana on March 31, 2021. The legalized use of marijuana is effective immediately, even though retail sales of marijuana are not expected to begin...more
4/2/2021
/ Cannabis Products ,
Department of Health and Human Services (HHS) ,
Drug Testing ,
DUI ,
Employer Liability Issues ,
Governor Cuomo ,
Marijuana Regulation & Taxation Act (MRTA) ,
Medical Marijuana ,
New Legislation ,
Off-Duty Employees ,
Recreational Use
New Jersey Governor Phil Murphy signed into law three marijuana reform bills on February 22, 2021. The first, New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (A21), legalizes and...more
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2021. The random test rates did not change for 2021...more
Voters in Arizona, Mississippi, Montana, New Jersey, and South Dakota approved laws to legalize marijuana on Election Day 2020. Recreational marijuana was approved in Arizona, Montana, and New Jersey, while Mississippi voters...more
A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more
A federal court in Tennessee dismissed an employee’s lawsuit in which she claimed that her employer should have changed its drug policy to allow CBD use. Hamric v. City of Murfreesboro, Case No. 3:18-cv-01239 (September 10,...more
A federal court in Rhode Island allowed a former employee to proceed with her lawsuit alleging that the employer violated state law when it terminated her employment after a positive breath alcohol test. Stafford v. CSL...more
The Substance Abuse and Mental Health Services Administration (SAMHSA), U.S. Department of Health and Human Services (DHHS), proposed scientific and technical guidelines for hair drug testing in federal workplace drug testing...more
The Supreme Court of Ohio held that an at-will employee has no cause of action for common law invasion of privacy after the employer required the employee to submit to a directly-observed urine collection drug test. Lunsford...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
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a Notice of Enforcement Discretion Determination on July 6, 2020 concerning random drug and alcohol testing during calendar year 2020....more
Louisiana’s governor signed into law on June 11, 2020 a measure amending the state’s medical marijuana law to make it easier for patients to obtain medical marijuana. The current version of Louisiana’s medical marijuana law...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out...more
An employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law, the Rhode Island Supreme Court has held. Colpitts v. W.B. Mason Co., Inc., No....more
The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have...more
A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for...more
The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020. In addition, the Commission stated that it is...more
A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision....more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued a “Waiver in Response to COVID-19 Emergency” on March 24, 2020 concerning renewals of licenses and medical certifications for holders...more
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration issued guidance on March 24, 2020 to address potential disruptions to mandated drug and alcohol testing during the COVID-19 crisis. The FMCSA...more
The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance issued guidance on March 23, 2020 to provide clarity with respect to existing requirements for DOT-mandated drug and alcohol testing during...more
The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect...more
The Federal Motor Carrier Safety Administration announced on March 13, 2020 that due to the COVID-19 outbreak, an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety...more