News & Analysis as of

Substance Abuse Reasonable Accommodation

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

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

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

Pierce Atwood LLP

Quiet Quitting and Today’s Workforce Challenges

Pierce Atwood LLP on

The American workforce is in crisis, buffeted by one challenge after another – some recent, and some, like demographic changes, that have been building for decades. At a recent employment law seminar – our first in-person...more

Foley & Lardner LLP

Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy Employment Waters

Foley & Lardner LLP on

As employees continue returning to work in a post-pandemic era, employers are facing new and difficult challenges on a scale not experienced prior to March 2020. In particular, the COVID-19 pandemic has coincided with...more

FordHarrison

Addressing Mental Health in the Workforce

FordHarrison on

May is Mental Health Awareness Month. After fifteen months of the COVID-19 pandemic – which has placed unprecedented stress on Americans dealing with isolation and fear, while juggling closed schools and businesses,...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or...more

Payne & Fears

The EEOC Releases Guidance on Legal Opioid Use and Reasonable Accommodations

Payne & Fears on

Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers...more

McAfee & Taft

EEOC issues guidance on opioids and the Americans with Disabilities Act

McAfee & Taft on

It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more

Ballard Spahr LLP

EEOC Issues New Guidance on Opioid Use and the ADA

Ballard Spahr LLP on

The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more

Hinshaw & Culbertson - Employment Law...

EEOC Issues Guidance on Opioid Use and Accommodation in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more

Epstein Becker & Green

Employers Must Accommodate Some Workers’ Opioid Use and Treatment

Epstein Becker & Green on

While the country remains focused on the COVID-19 pandemic, U.S. employers cannot ignore the ongoing opioid epidemic or how it may affect their workforces. On August 5, 2020, the Equal Employment Opportunity Commission...more

Proskauer - Law and the Workplace

EEOC Releases Guidance on Employee Opioid Use and the ADA

The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more

ArentFox Schiff

Opioid Use and the ADA: EEOC Issues New Guidance

ArentFox Schiff on

On August 5, the EEOC released new technical assistance for employees that addresses the interplay between the Americans with Disabilities Act and opioid use. The document, entitled Use and Misuse of Codeine, Oxycodone,...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

Littler

Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

Littler on

Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...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

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

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

Do I or Don't I?—Alcoholism and Accommodations in the Workplace

Any college football fan can attest that this has been quite the year for upsets. As interesting as the on-field action has been, we have seen increasing media attention and fan commentary focused on the action off the...more

Mintz - ML Strategies

Massachusetts Legislature Ends Active July with Budget Overrides

Mintz - ML Strategies on

After a busy final few weeks of activity, the Massachusetts Legislature departed for its summer recess with a new budget and progress on several priority policy issues. In addition to overriding $97 million in Governor...more

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