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Workplace Safety Drug Testing Employer Liability Issues

Jackson Lewis P.C.

Iowa Amends Drug Testing Statute, Relieves Some Employer Burdens

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The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make...more

Constangy, Brooks, Smith & Prophete, LLP

Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact

Can an employee’s off-duty behavior justify workplace discipline? In today’s hyperconnected world, the line between personal and professional conduct is increasingly blurred, leaving employers to navigate a tricky legal and...more

Fisher Phillips

Cannabis Conundrum: Recent Ruling on Off-Duty Medical Use Highlights Major Challenges for Florida Employers

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Employers in Florida should take note of a recent ruling that could have far-reaching implications for managing reasonable accommodation requests related to workers’ medical cannabis use. A Florida county court just sided...more

Bricker Graydon LLP

Boost Workplace Safety and Lower Ohio Workers’ Comp Premiums with a Drug-Free Safety Program

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All Ohio employers are required to maintain workers’ compensation insurance coverage for their employees, which can be a significant business expense. ...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

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In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Constangy, Brooks, Smith & Prophete, LLP

Protecting Off-Duty Cannabis Use in California: What Employers Should Know

As of January 1, 2024, California employers cannot make employment decisions based on an employee’s legal, off-duty cannabis use. They also cannot request information about a job applicant’s prior cannabis use. Constangy...more

Vedder Price

Ringing in the New California Laws

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With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024. ...more

Troutman Pepper Locke

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

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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

Mitratech Holdings, Inc

[Webinar] Managing Your Drug and Alcohol Program: Putting Policies & Practices Into Place - August 22nd, 2:00 pm ET

Over the last few years, the drug testing landscape in the workplace has changed drastically. With the legalization of marijuana in some states and the decriminalization of drugs in others, it can be challenging to build a...more

Seyfarth Shaw LLP

Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

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On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the...more

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

New Washington State Law Will Protect Job Applicants From Discrimination Based on Off-Duty Marijuana Use

Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair,...more

Littler

As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

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With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee...more

McGlinchey Stafford

Use of Cannabis by Workers in Safety-Sensitive Positions

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States Regulating Marijuana Use Off-Site and At Work- While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more

Tucker Arensberg, P.C.

Trickledown of Pennsylvania’s Medical Marijuana Act: Relying on Reasonable Suspicion Programs In Place of Routine Marijuana...

Tucker Arensberg, P.C. on

Last issue, we discussed whether it still makes sense for local employers to routinely test employees and applicants for marijuana considering Pennsylvania’s Medical Marijuana Act, changing social/political landscapes, and...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 12, December 2022

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

Bond Schoeneck & King PLLC

Recreational Marijuana Use in the Workplace: An Update

Overview - In March of 2021, New York passed the Marijuana Regulation and Taxation Act (MRTA), which legalized the recreational use of cannabis for individuals over the age of 21....more

Payne & Fears

New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work

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Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...more

Fisher Phillips

The Top 16 Workplace Law Stories from September 2022

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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

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

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Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

FordHarrison

EntertainHR: Top 10 Most Viewed Posts of 2021

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As 2021 winds down, our EntertainHR blog approaches its seven-year anniversary next month. Therefore, in homage of what not to do in the workplace (based on examples of from television, film, and other popular media) and in...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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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

Tarter Krinsky & Drogin LLP

Most New York Employers Are Now Forbidden to Test Their Employees for Cannabis Use

On October 19, 2021, New York State’s Department of Labor (NYSDOL) updated its initial guidance to employers – itself issued only days earlier – concerning the legalized use of cannabis and the workplace. The new guidance...more

Williams Mullen

Williams Mullen Manufacturing Edge Video Series - Episode 1

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In the inaugural episode of Williams Mullen Manufacturing Edge, a video series addressing key topics affecting manufacturers, Labor, Employment & Immigration (LEI) attorneys David Burton and Scott Terrell provide updates on...more

Dentons

Workplace Drug Testing in Iowa Receives Further Clarity

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The Iowa Supreme Court recently issued important decisions concerning Iowa’s private sector drug-free workplaces statute, Iowa Code section 730.5, a complex statute that contains numerous application pitfalls for employers....more

Littler

Iowa Supreme Court Clarifies Requirements for Employee Drug Testing

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In two opinions filed on June 25, 2021, the Iowa Supreme Court clarified the state’s complex employee drug-testing requirements. The opinions shed light on key issues, such as safety-sensitive designations, notice...more

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