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Employment Litigation Drug Testing Appeals

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

WilmerHale

Supreme Court Expands the Scope of Injuries under RICO

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On April 2, 2025, the Supreme Court significantly expanded the scope of injuries entitled to treble damages under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  The Supreme Court held in Medical Marijuana,...more

Jackson Lewis P.C.

Federal Appeals Court Holds New Jersey’s Cannabis Law Provides No Private Right of Action

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The Third Circuit Court of Appeals has held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not permit a private citizen to bring a civil action for...more

Sheppard Mullin Richter & Hampton LLP

Time Is Not Always Money: Ninth Circuit Holds That Pre-Employment Drug Testing Is Not Compensable Under California Law

On June 13, 2022, the Ninth Circuit Court of Appeals held in Johnson v. WinCo Foods Holdings, Inc, et al. that class members who were not yet employed by WinCo were not entitled to compensation for the time required to take a...more

Proskauer - California Employment Law

Employer Need Not Reimburse Travel Expenses for Drug Test

A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

Ballard Spahr LLP

NJ Supreme Court: Employees Can Challenge Termination Decisions Based on Off-Duty Medical Marijuana Use

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Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more

Dentons

Drug Testing Under Iowa Law

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It is no surprise to any Iowa employer that the state has one of the most complex drug testing statutes in the country. Iowa Code §730.5 places the burden specifically on the employer to show strict compliance and can be...more

K&L Gates LLP

Working Wise: New Jersey's Compassionate Use Medical Marijuana Act

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In this episode, Meghan Meade discusses employer obligations towards disabled employees in light of New Jersey's recent amendments to the Compassionate Use Medical Marijuana Act, finishing off with a brief update on what's...more

McAfee & Taft

Claim that over-the-counter medication caused positive drug test doesn’t reverse termination

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An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more

Flaster Greenberg PC

What Employers Need To Know: New Jersey’s Appellate Division Issues Historic Ruling On Medical Marijuana Users’ Rights in the...

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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

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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