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You want a safe workplace and have adopted a Drug Free Workplace policy. You may even have government contracts that require you to drug test your employees. How does the brave new world of legalized marijuana, medical...more
This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more
The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more
This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more
There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen...more
A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...more
In an important decision for both medical marijuana users and employers, the Pennsylvania Superior Court ruled in a case of first impression that the Pennsylvania Medical Marijuana Act (MMA) allows employees, who believe they...more
A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments...more
Ever since the use of properly prescribed medical marijuana became legal in New Jersey, Courts have grappled with reconciling state and federal laws protecting employees from disability discrimination, and employers’ rights...more
The U.S. Court of Appeals for the Eighth Circuit recently expanded the reach of the Minnesota Drug and Alcohol Testing in the Workplace Act (“DATWA” or “the Act”) by ruling that the Act can apply to the employees of...more