News & Analysis as of

Substance Abuse Employment Policies

Fisher Phillips

An Employer’s 5-Step Guide to Supporting Employees During Mental Health Awareness Month and Year-Round

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May is Mental Health Awareness Month, which creates an opportunity to reflect on the well-being of your workforce. Recent statistics reveal that employees across all industries are experiencing an uptick in stress, burnout,...more

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

Complying With the ADA When Managing Employees With Alcoholism

Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more

Parker Poe Adams & Bernstein LLP

Should Employers Purchase Naloxone for Emergency Use?

In recent years, we have had a number of clients report suspected employee overdoses at their facilities. The growing availability and potency of fentanyl and other opiates has resulted in an epidemic of overdoses and deaths....more

Fisher Phillips

An Employer’s Week-by-Week Guide to Mental Health Awareness Month

Fisher Phillips on

May is Mental Health Awareness Month, which creates an opportunity to reflect on the well-being of your workforce. Recent statistics reveal that employees across all industries are now more susceptible to stress, burnout, and...more

Jackson Lewis P.C.

Biden Administration Announces Toolkit For “Recovery Ready Workplaces”

Jackson Lewis P.C. on

The Biden Administration has released a Recovery-Ready Workplace Toolkit: Guidance and Resources for Private and Public Sector Employers. The Toolkit is part of Administration’s efforts to beat the opioid epidemic. It...more

Ward and Smith, P.A.

Messy "Real Life" LARP: An Employer's Accident Response Deconstructed for In-House Counsel

Ward and Smith, P.A. on

During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more

McAfee & Taft

Alcoholic employee must meet employer’s performance standards

McAfee & Taft on

A recent federal court decision notes that disabled employees or employees with substance abuse problems must nonetheless comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a...more

Troutman Pepper Locke

Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

Troutman Pepper Locke on

The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more

Tucker Arensberg, P.C.

Considerations When Updating Your Employee Handbook

Employee handbooks are an effective tool for employers for a variety of reasons. They set the rules of the road for your organization, aid in legal compliance, and can help your managers deal with potentially difficult...more

Jackson Lewis P.C.

Weeding Out Employees: The Ups and Downs of Drug-Testing Manufacturing Workforce

Jackson Lewis P.C. on

Finding and keeping dependable employees has always been a priority for employers. For manufacturers, drug testing is a tried-and-true method of weeding out employees who may be less dependable. However, the COVID-19 pandemic...more

Health Care Compliance Association (HCCA)

[Event] Richmond Regional Healthcare Compliance Conference - December 10th, Richmond, VA

Our one-day Regional Compliance Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Bricker Graydon LLP

Ohio Supreme Court holds that "direct observation" of drug testing is not an invasion of privacy

Bricker Graydon LLP on

In a 4-3 decision the Ohio Supreme Court recently held that the privacy of an at-will employee is not invaded when the employee is required to produce a urine sample while being monitored by a same-sex employer representative...more

Fisher Phillips

The Opioid Crisis Meets The COVID-19 Pandemic: Employers Beware and Be Prepared

Fisher Phillips on

During the COVID-19 pandemic, employers have had to manage an ever-increasing variety of stressful employee related issues. However, as the crisis surges forward, with multiple states facing increased rates of infection as...more

Parker Poe Adams & Bernstein LLP

ADA Allows Employers to Offer ‘Last Chance' to Employees After Alcohol or Drug Violations

As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more

Bass, Berry & Sims PLC

Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?

Bass, Berry & Sims PLC on

Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA),...more

Dickinson Wright

“Well I’m Gone to Detox Mansion”* – What Employers Should be Mindful of When an Employee Asks for Time to Enter Rehabilitation for...

Dickinson Wright on

From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis in those states in which it is legal to...more

Seyfarth Shaw LLP

Facing Addiction In The Workplace: The Surgeon General’s Spotlight

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Health and Human Services (HHS), Office of the Surgeon General, has just released a Report on “Facing Addiction in America: The Surgeon General’s Spotlight on Opioids,” (Washington,...more

FordHarrison

Josh Gordon: The Final Straw?

FordHarrison on

The NFL season is back, and with it comes personnel news. Are the Steelers and Antonio Brown going to smooth things over? Is Tom Brady getting along with his boss? Will Dez Bryant find work? For me, though, the most...more

Winstead PC

A Whole Employer Approach to the Opioid Epidemic

Winstead PC on

Addressing the opioid epidemic challenges employers due to the many overlapping laws and its many varied facets. One survey reported that 70% of employers have felt some impact from drug abuse, such as absenteeism, use of...more

K&L Gates LLP

Working Wise: Workplace Considerations Related to the Opioid Epidemic

K&L Gates LLP on

In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more

Bricker Graydon LLP

The alarming cost of opiates in the workplace and what you can do about it

Bricker Graydon LLP on

The direct and indirect costs associated with employees’ use of drugs, including opiates, are alarming. According to the Ohio Chamber of Commerce, impaired workers are...more

Littler

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

Littler on

It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

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