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Drug Testing Employee Rights

Parker Poe Adams & Bernstein LLP

At-Will Employment Doctrine Blocks Suit by Employee Alleging Positive Drug Test Resulted From CBD Use

With the explosion of legal hemp products across the U.S., employers are increasingly faced with employees who claim that a positive test for marijuana resulted from use of legal CBD products. ...more

Littler

Minnesota, Iowa Modify Employer Drug Testing Requirements

Littler on

Minnesota and Iowa have longstanding drug testing laws that place them among the more difficult states for employer compliance. This year, both states modified their laws in ways that require employers to reevaluate their...more

Jackson Lewis P.C.

Iowa Amends Drug Testing Statute, Relieves Some Employer Burdens

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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

Hogan Lovells

Alcohol and drugs policies in the workplace: Key lessons from recent Court rulings

Hogan Lovells on

Two recent Dutch rulings highlight the risks of combining the use of both alcohol and drugs under one set of rules and stress the need for clear distinctions. Alcohol and drugs are often covered by one policy, yet treated...more

Amundsen Davis LLC

National State Employment Law Update Covering the First Six Months of 2025

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2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become...more

Jackson Lewis P.C.

California Construction Employers May Rely On Legal Exemption To Drug Test for Marijuana

Jackson Lewis P.C. on

California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

Jackson Lewis P.C. on

California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...more

Constangy, Brooks, Smith & Prophete, LLP

Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact

Can an employee’s off-duty behavior justify workplace discipline? In today’s hyperconnected world, the line between personal and professional conduct is increasingly blurred, leaving employers to navigate a tricky legal and...more

Montgomery McCracken

Pennsylvania Recreational Marijuana: Where It Stands Now and What Comes Next

Montgomery McCracken on

On May 7, 2025, the Pennsylvania House of Representatives passed House Bill 1200 (HB 1200), which would have legalized adult-use marijuana across the Commonwealth. The bill authorized sales through state-run stores overseen...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

Woods Rogers

Weed in the Workplace: What’s the Tea in L&E?

Woods Rogers on

In this episode, Anne Bibeau, Co-Chair of the Labor & Employment Practice, joins host Leah Stiegler to discuss marijuana use in the workplace. While marijuana remains illegal under federal law, many states have legalized its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Mexico Legalizes Medical Use of Psilocybin

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

Marshall Dennehey on

Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Parker Poe Adams & Bernstein LLP

Should Employers Discipline Workers for Suspected Marijuana Use Without a Drug Test?

Drug testing for marijuana has never been an exact science. There is no consensus on what level of marijuana in the bloodstream constitutes intoxication. Unlike alcohol, employees who used marijuana weeks ago or longer can...more

Jackson Lewis P.C.

Getting Clear on Compiling Random Drug Testing Pools in Iowa

Jackson Lewis P.C. on

The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be...more

Snell & Wilmer

Toking the Line: Where Medical Marijuana Meets Employment Law

Snell & Wilmer on

The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal

On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Mexico Bills Would Expand Protections for Medical Marijuana and Allow Use of Medical Psilocybin

Lawmakers in New Mexico have advanced two bills that would expand protections for medical marijuana patients and permit the use of medical psilocybin....more

Littler

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Bradley Arant Boult Cummings LLP

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for...more

Akerman LLP - HR Defense

California’s New Drug Testing Rules Protect Employees’ Off-Duty Cannabis Use

With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume...more

Ius Laboris

Labor law and cannabis legalization

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Cannabis in the workplace: allowed or banned? Although possession of cannabis is now legal (up to certain limits), this does not mean that employees can work under the influence of cannabis....more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

Littler

California Laws Come into Effect Regarding Off-Duty Marijuana Use

Littler on

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use.  One law will restrict employers’ ability to ask about prior cannabis use in the hiring process, and the other...more

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