The Blunt Truth About Testing Employees For Marijuana In California (part two)
The Blunt Truth About Testing Employees For Marijuana In California (part one)
U.S. law has long provided a border search exception to the Fourth Amendment warrant or probable cause requirement, allowing federal agents to search people, and their electronic devices, at border crossings without a warrant...more
How have the rules changed since Ohio legalized recreational marijuana? Can you still drug test? Can you test for reasonable suspicion? What if someone gets hurt at work? What if they test positive but say it’s because they...more
As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more
Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more
In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more
The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more
Babb v. Wilkie, No. 18-882: Petitioner Norris Babb, a clinical pharmacist at the U.S. Department of Veterans Affairs, brought an age discrimination suit against the Secretary of Veterans Affairs (“VA”). The federal-sector...more
Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more
Although cannabis remains illegal under federal law, the legalization of cannabis on the state-level has left employers feeling uncertain of how to tailor their workplace policies and procedures to fit the changing landscape....more
The Situation: On November 13, 2019, the Child Labor Due Diligence Act ("Act") was published in the Dutch Government Gazette. The law introduces a duty of care for companies to prevent the supply of goods or services which...more
Last week, in a historic decision on travelers’ rights to privacy at the U.S. border, U.S. District Court Judge Denise Casper in Boston ruled that suspicionless searches at U.S. ports of entry (airports and border crossings)...more
When something goes missing from the workplace, it may be tempting to turn to every detective show’s favorite cliché, the polygraph test. But are employers allowed to utilize such an examination? Congress addressed this...more
Danske Bank is likely to again become the target of a formal investigation in France. A Paris court began investigating Danske Bank in October 2017 in relation to transactions of its Estonian branch, between 2008 and 2011,...more
There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more
The highest court in West Virginia recently affirmed the dismissal of a lawsuit in which an employee challenged the decision to terminate her employment after she refused to submit to a reasonable suspicion drug test. Layne...more
Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more
On May 20, 2015, the Sixth Circuit ruled that the warrantless search of a laptop exceeded the scope of a preceding private search, and was therefore unconstitutional....more
On June 17, 2011, CMS published a memorandum detailing the reporting requirements when there is a reasonable suspicion of a crime in a long-term care facility as required by section 1150B of the Social Security Act....more